Title 15, CIVIL PROCEDURE

If the plaintiff does not appear at any time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant or make such other disposition as may be proper. Source: SDC 1939 & Supp 1960, § 33.4114; SDCL, § 15-39-32; Sup…

The venue is limited to the county of the residence of the defendant, if the defendant is a natural person, or the county in which the cause of action arose. If the defendant is a corporation, limited liability company, or a partnership, the proceedings shall be commenced in any …

Subpoenas for witnesses, if requested, will be issued by the clerk and served according to the specifications of § 15-6-45(c). Source: SDC 1939 & Supp 1960, § 33.4109; SDCL, § 15-39-34; Supreme Court Rule 81-4; SL 1988, ch 428 (Supreme Court Rule 87-9).

Witnesses shall be sworn; but the court shall conduct the hearing in such order and form and with such methods of proof as it deems best suited to discover the facts and to determine the justice of the case. Interrogatories shall not be filed nor depositions taken, except by leav…

After the determination of the action, the judge or magistrate shall affix his signature to the docket card. Source: SDC 1939 & Supp 1960, § 33.4114; SDCL, § 15-39-36; Supreme Court Rule 81-4.

The actual cash disbursements of the prevailing party for entry fee, mailing fees, witness fees, and officers' fees shall be allowed as costs. No other costs shall be allowed either party, except by special order of the court. The court shall have power in its discretion to award…

The court may order that the judgment shall be paid to the prevailing party at a certain date or by specified installments, and may stay the issue of execution and other supplementary process during compliance with such order. Such stay shall at all times be subject to being modi…

The court may at any time after entry of judgment, upon motion, and after such notice, by mail or otherwise, as it may order, for cause shown, vacate any judgment entered under this procedure, for want of actual notice to a party, for error or for any other cause that the court m…

Costs in an amount fixed by the court not exceeding two hundred fifty dollars may be awarded, in the discretion of the court, for or against either party to a motion to vacate judgment, and judgment may be entered and execution may be issued therefor, and any action by the court …

The lienholder shall notify the clerk upon full payment of the judgment, and the clerk shall satisfy the judgment at no charge to the parties involved. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the lienholder, the …

Any judgment or transcript of a judgment rendered or docketed in small claims court shall be cancelled and discharged by the clerk of courts upon written notice by either the party in whose favor the judgment was obtained or that party's attorney. Source: SL 1988, ch 179 .

When a minor is a party to a small claims action, a parent or guardian or conservator shall be considered a guardian ad litem for purpose of commencing said action or receiving service thereof. Source: Supreme Court Rule 81-4; SL 1993, ch 213 , § 92.

The following forms are prescribed for use in small claims procedure, but failure to use or fill out completely or accurately any of the same shall not avoid any acts done pursuant to this chapter provided compliance with the preceding sections is made and the information require…

Notwithstanding any other provision of law, a parent, guardian, or custodian is entitled to use the procedures provided in this chapter to collect unreimbursed medical or health care costs incurred on behalf of a child from the other responsible parent. Source: SL 2005, ch 134 , …

Except as otherwise provided in § 15-40-2 , the provisions of this chapter apply to a cause of action against a person based on the person's protected public expression. For purposes of this chapter, "protected public expression" includes: (1) Communication in a legislative, exec…

The court shall rule on a motion under § 15-40-3 no later than sixty days after a hearing under § 15-40-7 . Source: SL 2026, ch 91 , § 10.

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under § 15-40-3 . The appeal must be filed no later than thirty days after entry of the order. Source: SL 2026, ch 91 , § 11.

The court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to a motion filed under § 15-40-3 : (1) To the moving party, if the moving party prevails on the motion; or (2) To the responding party, if the responding party prevails on the…

The provisions of this chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution and the South Dakota Con…

The provisions of this chapter do not apply to a cause of action asserted: (1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (2) By a governmental unit or an employee or agent of a governmental unit…

No later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a cause of action to which the provisions of this chapter apply, or at a later time upon a showing of good cause, the party may file …

Except as otherwise provided in §§ 15-40-5 and 15-40-6 , upon the filing of a motion under § 15-40-3 : (1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (2) On further motion by the moving…

During a stay under § 15-40-4 , the court may hear and rule on: (1) A motion unrelated to the motion under § 15-40-3 ; and (2) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety. Source: SL 2026, ch 91 , § 5.

A stay under § 15-40-4 does not apply to: (1) A motion under § 15-40-12 for costs, attorney fees, and expenses; or (2) A party's ability to voluntarily dismiss a cause of action or part of a cause of action, or a motion to sever a cause of action. Source: SL 2026, ch 91 , § 6.

The court shall hear a motion under § 15-40-3 no later than sixty days after the filing of the motion, unless the court orders a later hearing: (1) To allow limited discovery under § 15-40-4 ; or (2) For other good cause. If the court orders a later hearing under subdivision (1),…

In ruling on a motion under § 15-40-3 , the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment. Source: SL 2026, ch 91 , § 8.

In ruling on a motion under § 15-40-3 , the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) The moving party establishes under § 15-40-1 that the provisions of this chapter apply; (2) The responding party fails to establish under § 15-4…