Title 15, CIVIL PROCEDURE

The summons may be served by the sheriff or a constable of the county or other comparable political subdivision where the defendant may be found, or in the District of Columbia by the United States marshal or a deputy, or by any other person not a party to the action who at the t…

The summons shall be served by delivering a copy thereof. Service in the following manner shall constitute personal service: (1) If the action is against a business entity, on the president, partner or other head of the entity, officer, director, or registered agent thereof. If a…

Service in the following manner shall also constitute personal service. If the defendant cannot be found conveniently, service may be made by leaving a copy at the defendant's dwelling with someone over the age of fourteen years who resides there. Source: SDC 1939 & Supp 1960, § …

Whenever a statute of this state provides for the service of a legal process upon a party not a resident of or found within the state, service shall be made under the circumstances and in the manner prescribed by the statute. Source: SD RCP, Rule 4 (f), as adopted by Sup. Ct. Ord…

Proof of the service of the summons and complaint or of any pleading, process, or other paper must state the time, place, and manner of such service or of publication and mailing and must be made as follows: (1) If served by a sheriff or a county constable, his certificate thereo…

The court in its discretion and on such terms as it deems just may at any time allow any summons or other process or proof of service thereof to be amended, unless it clearly appears that substantial rights of the person against whom the process issued would be prejudiced thereby…

Notwithstanding any other provision of law, a summons may be served upon a defendant in any action by mailing a copy of the summons, two copies of the notice and admission of service, conforming substantially to the form provided for in § 15-6-4(j), and a return envelope, postage…

The notice and admission of service provided for in § 15-6-4(i) shall be substantially in the following form: NOTICE AND ADMISSION OF SERVICE BY MAIL STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF __________ ________ JUDICIAL CIRCUIT _________________________, Plaintiff NOTICE …

Assignment of cases for trial

The judges of the court shall provide by order or by rule for the placing of actions upon the trial calendar in such manner as the court deems expedient. Precedence shall be given to actions entitled thereto. Source: SDC 1939 & Supp 1960, § 33.1111; SD RCP, Rule 40 (a), as adopte…

Either party from the time when a case is reached upon the calendar, and in the absence of the adverse party, unless the court for good cause shall otherwise direct, may proceed with the party's case and take a dismissal of the complaint, or a verdict, or judgment, as the case ma…

15-6-41(b) Involuntary dismissal--Effect thereof. 15-6-41(c) Dismissal of counterclaim, cross-claim, or third-party claim. 15-6-41(d) Costs of previously dismissed action.

(1) By Plaintiff; by Stipulation. Subject to the provisions of § 15-6-23(e), of § 15-6-66 , and of any statute of this state, an action may be dismissed by the plaintiff without order of court (A) By filing a notice of dismissal at any time before service by the adverse party of …

For failure of the plaintiff to prosecute or to comply with this chapter or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentati…

The provisions of § 15-6-41 apply to the dismissal of any counterclaim, cross - claim, or third - party claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of § 15-6-41(a) shall be made before a responsive pleading is served or, if there is none, before t…

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the pro…

15-6-42(b) Separate trials.

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as …

The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy may order a separate trial of any claim, cross - claim, counterclaim, or third - party claim, or of any separate issue or of any number of claims, c…

Evidence

In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by this chapter or by the South Dakota Rules of Evidence. Source: SD RCP, Rule 43 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 8…

15-6-43(e) Evidence on motions. 15-6-43(f) Interpreters.

Whenever under this chapter an oath or affirmation is required, it may be in the form prescribed by §§ 19-19-603.1 and 19-19-603.2 . Source: SD RCP, Rule 43 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 154 , § 28.

When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. Upon motion of any party for a hearing pur…

The procedure for appointing interpreters shall be as provided in § 19-3-7 , and their compensation fixed, paid, and collected as provided in § 19-3-7 . Source: SD RCP, Rule 43 (f), as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1979, ch 154 , § 29…

15-6-44(a) Authentication of official records. 15-6-44(b) Proof of lack of official record. 15-6-44(c) Other proof of official record.

(1) Domestic. An official record kept within the United States, or any state, district, commonwealth, territory, or insular possession thereof, or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, or an entry therein, when admissible…

A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subdivision 15-6-44(a)(1) in the case of a domestic record, or complying with the requirements of subd…

Section 15-6-44 does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law. Source: SD RCP, Rule 44 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 3…

A party who intends to raise an issue concerning the law of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted …

15-6-45(b) Subpoena for production of documentary evidence. 15-6-45(c) Service of subpoena. 15-6-45(d) Subpoena for taking depositions--Place of examination.

Clerks of courts, judges, magistrates, notaries public, referees, and any other public officer or agency so empowered by § 1-26-19.1 or otherwise authorized by law in any matter pending before them, upon application of any person having a cause or any matter pending in court or b…

15-6-45 (b). Subpoena for production of documentary evidence. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein, regardless of whether the attorney also notices the person's deposition or comman…

The subpoena may be served by any officer or person qualified to make service of a summons. The subpoena shall be served in the same manner as a summons is served, excepting that no service by publication is authorized. The subpoena must be served sufficiently in advance of the d…

(1) Proof of service of a notice to take a deposition as provided in §§ 15-6-30(b) and 15-6-31(a) constitutes a sufficient authorization for the issuance by any person specified in § 15-6-45(a) or by the clerk of courts of the county in which the deposition is to be taken of subp…

15-6-45(g) Nonresident of state served with subpoena in state. 15-6-46 Exceptions unnecessary.

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court wherein the action is pending or of a court from which the subpoena may have been issued. Source: SD RCP, Rule 45 (f), as adopted by Sup. Ct. Order March 29, 196…

A nonresident of this state who is served with subpoena in this state shall be required to obey the same; provided, that the mileage required to be paid such witness as provided in § 15-6-45(c) shall be computed from the place of service of the subpoena to the place of attendance…

Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which …

15-6-47(b) Alternate jurors. 15-6-48 Juries of less than twelve--Majority verdict.

The court shall permit the parties or their attorneys to conduct the examination of prospective jurors. Source: SD RCP, Rule 47 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

The court may direct that not more than six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, beco…

The parties may stipulate that the jury shall consist of any number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury. Source: SD RCP, Rule 48, as adopted by Sup. Ct. Order March 29, 1966, effec…

15-6-49(b) General verdict accompanied by answer to interrogatories.

The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the sev…

The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the…