Title 15, CIVIL PROCEDURE

Upon receipt of the matter required by § 15-12-34 , the Chief Justice of the Supreme Court shall assign some other judge to preside in such action by filing an order with the clerk of the Supreme Court, and from the filing of such order the judge therein designated shall have ful…

The judge or magistrate assigned to replace a disqualified judge or magistrate shall hear the action involved at the time set in any previous order, notice of any calendar assignment or at such other time as he may designate, to the end that the filing of such affidavit for chang…

A judge or magistrate having knowledge of a ground for self - disqualification under the guidelines established by Canon 3E shall not, unless Canon 3F is utilized, await the filing of an affidavit but shall remove himself on written motion to be filed in duplicate by the judge or…

A reference may be ordered upon the agreement of the parties filed with the clerk or entered in the minutes: (1) To try any or all the issues in an action or proceeding, whether of fact or law and to report a finding and conclusion thereon; (2) To ascertain a fact necessary to en…

When the parties do not consent the court may, upon the application of either, or of its own motion, direct a reference in the following cases: (1) When the trial of an issue of fact requires the examination of a long account on either side; in which case the referee may be direc…

The referee may appoint a shorthand reporter whose qualifications and duties shall be the same as those of the shorthand reporter of the court. Source: SDC 1939 & Supp 1960, § 33.1514.

The fees and necessary expense of the referee and the compensation of the shorthand reporter shall be fixed by the court, after filing the report, and shall be audited and paid by the county wherein the court is held which made the reference; provided that the compensation of suc…

In civil jury cases, prior to the jury having been selected and sworn, the court may read a written statement of the case agreed upon by the parties to the prospective jurors. The statement may include a summary of the uncontested facts of the case, the claims of the parties and …

After the panel is filled the parties shall exercise their peremptory challenges. A list of the jurors in the panel shall be made by the clerk and passed first to the plaintiff and then to the defendant, or their respective counsel, and the parties shall exercise their peremptory…

In addition to the method of choosing or seating an alternate juror provided by § 15-6-47(b), the judge may choose the alternate jurors by lot, or by such other means as the parties agree on the record. Source: Supreme Court Rule 97-2.

When prospective jurors are called for examination, the court may call to the jury box a number of prospective jurors equal to the number of jurors to be impaneled, the number of peremptory challenges allowed the parties, and number of alternates, if any. Source: Supreme Court Ru…

When prospective jurors are called for examination, the court shall allow selection by either § 15-14-10.2 or 15-14-10 . Source: Supreme Court Rule 97-4.

If prospective jurors are called for examination pursuant to § 15-14-10.2 , the manner of exercising a peremptory challenge shall be as found in § 15-14-10.5 . If prospective jurors are called for examination pursuant to § 15-14-10 , the manner of exercising a peremptory challeng…

Following examination of the jurors called for examination pursuant to § 15-14-10.2 , the parties, commencing with the plaintiff, shall alternatively exercise their peremptory challenges on the clerk's list. A peremptory challenge may not be waived. Source: Supreme Court Rule 97-…

As soon as the jury is completed, the following oath shall be administered to the jurors. Do you, and each of you, swear or affirm that you will fairly hear the matters in dispute and render a verdict according to the evidence and the instructions of the court, so help you God? S…

Whenever the jurors are permitted to separate, they shall be admonished by the court as follows: You are reminded that you are not to discuss any aspect of this case among yourselves or with anyone else and that you should not form or express any opinion on the case until it is g…

If after the impaneling of a jury and before a verdict, a juror dies or becomes so sick as to be unable properly to perform his duty, or if a member of the immediate family of a juror dies or becomes so sick as to warrant the discharge of such juror, the court may order him to be…

The court reporter need not make stenographic report of the opening statements of counsel unless the court shall direct, nor if made shall he include same in the transcript unless requested by the party ordering the transcript. Source: SDC 1939 & Supp 1960, § 33.1307 (3).

Unless by leave of court, one counsel only on each side shall be entitled to examine or cross - examine a witness. Source: SDC 1939 & Supp 1960, § 33.1307 (7).

When in the opinion of the court it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place which shall…

The number of counsel and the time allowed for argument to the jury shall be determined by the court in each case before the argument is begun. Source: SDC 1939 & Supp 1960, § 33.1321.

Counsel in arguing the case may argue and comment upon the law as given in the instructions of the court, as well as upon the evidence in the case, but in no case except in trials for libel, shall counsel argue or contend before the jury that the law governing the case is other o…

When the case is finally submitted to the jury they may decide in court or retire for deliberation. If they retire, they must be kept together in some convenient place under charge of an officer until they agree upon a verdict or are discharged by the court; provided, that the co…

If several parties, having separate interests, appear by different counsel, the court must determine their relative order in the evidence and argument. Source: SDC 1939 & Supp 1960, § 33.1307 (10).

Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions and such papers and exhibits as ought not, in the opinion of the court, to be taken from the person having them in his possession; and they …

Unless by order of the court the officer having the jury under his charge must not suffer any communication to be made to them, or make any himself, except to ask them if they have agreed upon a verdict; or to make such communications necessary for their food and maintenance whil…

While the jury is absent the court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. Source: SDC 1939 & Supp 1960, § 33.1336…

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant, by his answer, claim a return thereof, the jury, if their verdict be in favor of the plaintiff, or, if being in favor of the defendant, they als…

The court may direct the jury to bring in a sealed verdict, at the opening of the court, in case of an agreement during a recess or adjournment for the day. Source: SDC 1939 & Supp 1960, § 33.1336.

Except in the cases provided for in § 15-14-27 , when the jury have agreed upon their verdict they must be conducted into court, their names called by the clerk and the verdict rendered by their foreman. The verdict must be in writing, signed by the foreman, and must be read by t…

If neither party requires the jury to be polled the verdict is complete and the jury discharged from the case. Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is his verdict. If more than two answer in the negative, exce…

In all civil actions cognizable by a magistrate judge, except actions for the forcible entry and detainer, or detainer only, of real property, tried in the circuit court, the verdict may be rendered by five - sixths of the jury in the manner provided in §§ 15-14-28 and

In the actions provided for in § 15-14-27 , when the jury has agreed upon their verdict, they shall be conducted into court, their names shall be called by the clerk and the verdict shall be rendered by their foreman. The verdict shall be in writing signed by the foreman and shal…

If neither party in an action provided for in § 15-14-27 requires the jury to be polled, the verdict is complete and the jury shall be discharged from the case. Either party may require the jury to be polled, which shall be done by the court or clerk asking each juror if it is hi…

At the opening of the court the clerk shall randomly draw the names of the persons summoned as jurors by an electronic process or prepare separate ballots containing the names of the summoned jurors and deposit the ballots in a suitable container. Source: SDC 1939 & Supp 1960, § …

When the verdict is announced, if it be informal or insufficient in not covering the issue submitted, it may be corrected by the jury under the advice of the court, or the jury may be again sent out. Source: SDC 1939 & Supp 1960, § 33.1337.

Upon receiving a verdict an entry must be made by the clerk in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length. Source: SDC 1939 & Supp 1960, § 33.1338.

A final adjournment of the court for the term discharges the jury. Source: SDC 1939 & Supp 1960, § 33.1336.

In all cases where the jury are discharged or prevented from giving a verdict by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately or at a future time, as the court may direct. S…

The procedure for challenging a panel of jurors in civil actions or proceedings shall be the same as provided by statute for such challenges in criminal proceedings. Source: SDC 1939 & Supp 1960, § 33.1309.

If an electronic process is not used, the clerk shall, under the direction of the court, publicly draw from the container the appropriate number of ballots to form the jury. Before the name of any juror is drawn, the container shall be closed and the contents shall be intermingle…

Challenges for cause may be taken on any of the following grounds: (1) The prospective juror does not meet one of the qualifications required by § 16-13-10 or is disqualified under that section; (2) The prospective juror is related by consanguinity or affinity within the fourth d…

The challenges are to individual jurors, and are either peremptory or for cause. Each party is entitled to three peremptory challenges. If no peremptory challenges are taken until the panel is full, they must be taken by the parties alternately, commencing with the plaintiff. Sou…

Either party may challenge the jurors, but where there are several parties on either side they must join in a challenge before it can be made, except when the parties on the same side have conflicting interests they must each be allowed to examine and challenge separately, and mu…

Challenges for cause must be tried by the court. The juror challenged and any other person may be examined as a witness on the trial of the challenge. Source: SDC 1939, § 33.1311; SL 1951, ch 185 .

When a court reporter is making a record of the proceedings of the court in any trial, motion, or proceeding of any kind before the court, he shall note all objections to the evidence and rulings thereon and all motions, stipulations, applications, and similar proceedings relevan…