Title 15 — CIVIL PROCEDURE

15-6-9(b) Pleading fraud, mistake, condition of the mind. 15-6-9(c) Pleading conditions precedent. 15-6-9(d) Pleading official document or act. 15-6-9(e) Pleading judgment. 15-6-9(f) Pleading time and place. 15-6-9(g) Pleading special damage. 15-6-9(h) Unknown party--How designat…

Complaint on a promissory note STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT A.B., Plaintiff vs. COMPLAINT C.D. AND E.F., Defendants 1. Defendant on or about June 1, 1955, executed and delivered to plaintiff a promissory note (in the following…

Source: SL 1987, ch 109 , § 2.

As used in §§ 15-7-1 to 15-7-5 , inclusive, the term, person, whether or not a citizen or resident of this state, and whether or not organized under the laws of this state, includes an individual whether operating in his own name or under his trade name; an individual's agent or …

Service of process as authorized by § 15-7-9 shall be made by serving a copy thereof upon the secretary of transportation or by filing a copy in his office, together with the payment of a fee of two dollars and shall be completed by the plaintiff, his agent, or attorney within te…

Proof of the service as provided by § 15-7-10 must be attached to the original process. If the service is completed by mailing, such proof must include showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the defe…

When process is served pursuant to § 15-7-10 , the court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend any such action, not exceeding ninety days from the date of the filing of such action i…

The hunting of game birds or animals in this state by a nonresident shall be deemed an appointment by such nonresident of the secretary of state of South Dakota to be his true and lawful attorney upon whom may be served legal process in any action or proceeding against such nonre…

The service of process as authorized by § 15-7-13 shall be made by filing in the Office of the Secretary of State a copy of the process and payment to the secretary of state a fee of ten dollars and shall be completed by the plaintiff, or the plaintiff's agent or attorney within …

Proof of the service as provided by § 15-7-14 must be attached to the original process. If the service is completed by mailing, such proof must include a showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the de…

When process is served pursuant to § 15-7-14 , the court in which the action is pending may order such continuances as may be necessary to afford the defendant or his personal representative reasonable opportunity to defend any such action, not exceeding ninety days from the date…

Any person selling property or services to residents of this state, where the property is delivered to this state or the beneficial use of the service occurs in this state, is considered to have consented to the jurisdiction of the courts of this state for the exclusive purpose o…

Service of process upon the persons subject to § 15-7-2 may be made by service outside this state in the same manner provided for service within this state with the same force and effect as though service had been made within this state. Source: SL 1965, ch 163 , § 3.

The provisions of §§ 15-7-1 to 15-7-3 , inclusive, shall apply to causes of action arising before enactment hereof. Source: SL 1965, ch 163 , § 4.

If any provisions of §§ 15-7-1 to 15-7-4 , inclusive, or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or applicat…

The use and operation by a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent of a motor vehicle within the State of South Dakota, shall be deemed an irrevocable appointment by the resident or the resident's agent when the resident has …

Service of process as authorized by § 15-7-6 shall be made by serving a copy thereof upon the secretary of state, or by filing the copy in the office of the secretary of state, together with payment of a fee of fifteen dollars. The service shall be sufficient service upon the abs…

When process is served pursuant to § 15-7-7 , the court in which the action is pending may order such continuance as may be necessary to afford the defendant or his personal representative reasonable opportunity to defend any such action not exceeding ninety days from the date of…

The use and operation of an aircraft in the State of South Dakota by a nonresident or his agent or by a resident owner or his agent who has remained without the state continuously for thirty days prior to the commencement of an action against him, shall be deemed an appointment b…

Where an action is against two or more defendants, and the summons is served on one or more but not on all of them, the plaintiff may proceed as provided by §§ 15-8-2 and

A supplementary judgment rendered under the provisions of §§ 15-8-4 to 15-8-9 , inclusive, may be docketed and transcribed the same as any other judgment and may be enforced by execution or the application of the property which may be subjected to payment of the judgment and may …

For the purposes of §§ 15-8-12 to 15-8-22 , inclusive, the term "joint tort - feasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. Source: SL 1945,…

The right of contribution exists among joint tort - feasors. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A03 (1).

A joint tort - feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A03 (2).

A joint tort - feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort - feasor whose liability to the injured person is not extinguished by the settlement. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A0…

When there is such a disproportion of fault among joint tort - feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort - feasors shall be considered in determining their pro rata sh…

If the court enters judgment against any party liable on the basis of joint and several liability, any party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to…

In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. The trier of fact may determine that two or more persons are to be tr…

The recovery of a judgment by the injured person against one joint tort - feasor does not discharge the other joint tort - feasors. Source: SL 1945, ch 167 , § 3; SDC Supp 1960, § 33.04A04.

A release by the injured person of one joint tort - feasor, whether before or after judgment, does not discharge the other tort - feasors unless the release so provides; but reduces the claim against the other tort - feasors in the amount of the consideration paid for the release…

A release by the injured person of one joint tort - feasor does not relieve him from liability to make contribution to another joint tort - feasor unless the release is given before the right of the other tort - feasor to secure a money judgment for contribution has accrued, and …

Sections 15-8-11 to 15-8-22 , inclusive, do not impair any right of indemnity under existing law. Source: SL 1945, ch 167 , § 6; SDC Supp 1960, § 33.04A07.

If an action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendant served unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may b…

If any provision of §§ 15-8-11 to 15-8-22 , inclusive, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or applicat…

Sections 15-8-11 to 15-8-22 , inclusive, may be cited as the uniform contribution among tort - feasors law. Source: SL 1945, ch 167 , § 10; SDC Supp 1960, § 33.04A01.

If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein …

When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§ 15-8-1 to 15-8-3 , inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summo…

The summons provided in § 15-8-4 must be subscribed by the judgment creditor or his attorney; must describe the judgment and require the person summoned to show cause within thirty days after the service of the summons; and must be served in like manner as the original summons. S…

It is not necessary to file a new complaint in a proceeding authorized by § 15-8-4 , but the summons must be accompanied by an affidavit of the person subscribing it that the judgment has not been satisfied, to his knowledge or information and belief, and must specify the amount …

The party summoned pursuant to § 15-8-4 may answer within the time specified in § 15-8-5 , denying the judgment or setting up any defense which may have arisen subsequently; and he may make the same defense which he might have originally made to the action, except the statute of …

The party issuing summons pursuant to § 15-8-4 may reply to the answer, and the issues may be tried and judgment may be given in the same manner as in an action. Source: SDC 1939 & Supp 1960, § 33.2304.

The answer and the reply described by §§ 15-8-7 and 15-8-8 must be verified in like cases and manner, and be subject to the same rules as the answer and reply in an action. Source: SDC 1939 & Supp 1960, § 33.2304.

In cases in which the plaintiff is a nonresident of the state or a foreign corporation or a foreign limited liability company at the time of commencing the action or if the plaintiff removes from the state after its commencement, the plaintiff shall furnish sufficient security fo…

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the action is for the foreclosure of a lien on real or personal property in this state. Source: SDC 1939 & Supp 1960, § 33.0812 (4).

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a private corporation created by the laws of this state or of the territory of Dakota, which has no known office or place of business in this state and no known officer or agent resident i…

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a foreign corporation and the cause of action arose in this state, or where such defendant has property within this state and the court has jurisdiction over the subject of the action, and…

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent. Source: …

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is not a resident of this state but has property therein, and the court has jurisdiction of the subject of the action; and where by attachment, garnishment, or other process the plaintiff has…

When it is made to appear by affidavit, made by or on behalf of the plaintiff, that there is reason to believe that there may be unknown persons, whether personal representatives, devisees, legatees, heirs, or creditors, of any person having an interest in the subject matter of t…

If it be made to appear by affidavit to the satisfaction of the court, and the court shall find, that the place of residence of the person to be served is at a certain specified place without this state, and his post office address, whether within or without this state, be likewi…