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    APPENDIX B. CIRCUIT COURT RULES (See ยง 15-6-83)

     Following are rules of practice adopted by circuit courts which have been filed with and approved by the Supreme Court.
SECOND JUDICIAL CIRCUIT CIVIL RULES

CIV ONE. Repealed by Supreme Court Order eff. Aug. 5, 2010.
CIV TWO. FILING OF PLEADINGS

     In a case on file with the clerk of courts, a party who serves a pleading must file it within five days of service or before a hearing in which that pleading is relevant, whichever occurs sooner. A judge may reject a pleading that is not timely filed pursuant to this rule.

Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994.
CIV THREE. Repealed by SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998
CIV FOUR. LIBRARY

     No one may remove a book from the library except to have copies made in the Courthouse.

Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994.
CIV FIVE. DRESS CODE

     Attorneys must dress appropriately when appearing in open court.

Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994.
CIV SIX. DISPENSING POWER

     A judge or magistrate may dispense with a circuit civil rule of practice as a matter of discretion.

Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994.
CIV SEVEN. SIGNING OF SUMMONS IN JUVENILE PROCEDURES

     Upon written order of the judge assigned juvenile cases, the clerk of courts may use a facsimile stamp of the judge's signature to sign the summons in juvenile cases.

Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998.
CIV EIGHT. COURT APPOINTED ATTORNEYS

     In all actions, suits and proceedings, where the court appoints an attorney to be paid with public funds, the initial appointment is authorized for an amount not to exceed one thousand five hundred dollars. The court appointed attorney must obtain prior approval, by a motion and an order from the judge assigned to the case, to exceed the approved amount. A hearing on the motion need not be scheduled unless requested by the court.

Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; Supreme Court Order eff. Aug. 5, 2010.
CIV NINE. UNCONTESTED MOTIONS

     In addition to the time and date set for hearing, the notice of hearing on a motion, except a motion where less than eleven days' notice is given, may state the last date upon which an objection, resistance or response, requiring a hearing, shall be filed and served on parties in interest, which date shall be at least three business days in advance of the date set for hearing. The notice of hearing must also state that if no objection, resistance or response is timely filed and served, the moving party need not appear at the hearing, and the court may grant the relief requested.

Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998.


CIV TEN. BRIEF TO BE FILED WITH MOTION
     A party who makes a motion requiring a hearing must serve a brief in support of the motion upon opposing parties and submit a copy to the judge. The brief should contain a statement of the facts and the law upon which the party will rely, and the moving party's position.

Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998.
CIV ELEVEN. Repealed by Supreme Court Order eff. Aug. 5, 2010.

    
SIXTH JUDICIAL CIRCUIT

Sixth Circuit Rule 95-1

     In addition to the time and date set for hearing, the notice of hearing on any motion (except any motion where less than eleven days notice is given) may state the last date upon which an objection, resistance or response (requiring a hearing) shall be filed and served on parties in interest, which date shall be at least three business days in advance of the date set for hearing. The notice of hearing shall also state that if no objection, resistance or response is timely filed and served, the movant need not appear at the hearing and the court may grant the relief requested without further hearing.
SEVENTH JUDICIAL CIRCUIT

PRE-TRIAL CONFERENCE CHECK LIST

     A pre-trial conference check list shall be prepared by counsel for each party and furnished to the Court and opposing counsel at least two business days prior to the date set for the first pre-trial conference. Said check list shall be in substantially the following form: (Material in parentheses is merely explanatory and is not a part of the form).
STATE OF SOUTH DAKOTA ) SS IN CIRCUIT COURT
COUNTY OF _____________ ) ________ JUDICIAL CIRCUIT

(CAPTION) ) File No. ________

PRE-TRIAL CONFERENCE CHECK LIST

     1. Issues remaining for trial: (Set forth the issues joined by the pleadings which have not been disposed of by pre-trial motion or agreement of the parties).
     2. Fact summary: (Set forth a summary of the facts the party believes will be proven by the evidence).
     3. Uncontroverted and stipulated facts: (Set forth uncontroverted and agreed upon facts, if any, and any which, although not yet agreed upon, could be).
     4. Legal questions: (Set forth the legal questions raised by the issues. Either note citations here or attach a pre-trial brief with respect to these questions).
     5. Witnesses--Nature of testimony and availability: (List witnesses, state nature of their testimony, whether deposition has been taken or is desired, and availability of witness--notice required, location, any problems involved, etc.)
     6. Trial time: (Set forth the estimated time required for trial of the case to the 1/2 day, including impaneling of a jury, if a jury trial).
     7. Date certain: (State either "Requested" or "Not Requested." If requested, set forth reason why and dates when counsel, party and witnesses will be ready and available for trial. If not requested, set forth number of days or weeks of advance notice required--if more than one week, explain).
     8. Jury instructions: (In jury cases, proposed instructions shall be prepared on the issues by the party having the burden of proof on such an issue. The party bringing the action shall also prepare the general instructions, involving the burden of proof, verdict and other routine matters).
     (Where applicable, South Dakota Pattern Instructions shall be used. Proposed instructions shall be prepared in accordance with the provisions of SDCL 15-6-51(a). The source of the instructions shall appear on the copies. The original and one copy shall accompany the original of the pre-trial check list furnished to the Court. Copies shall accompany copies of the check list furnished to opposing counsel).
     9. Motions pending: (List motions in pleadings, etc., remaining to be disposed of).
     10. Exhibits: (List all exhibits you intend to use at trial).
     11. Other: (set forth other matters which you feel should be discussed at the pre-trial conference).
     Dated this __________ day of ________________ , 20 ____ .
Attorney for: _________________________________________________
Address: ____________________________________________________
Phone: ______________________________________________________

Source: SL 1990, ch 444 (Supreme Court Order dated April 7, 1989).


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