AN ACT
ENTITLED, An Act to establish venue for certain actions arising out of real property lease
agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 15-5 be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 15-5 be amended by adding a NEW SECTION to read:
Any breach of contract action between a lessor and a lessee that arises out of a real property lease
agreement shall be tried in the county in which any portion of the real property subject to the lease
agreement is located.
Section 2. That § 15-5-6 be amended to read:
15-5-6. In all other cases, except as provided in § 15-5-7, 15-5-8, or in section 1 of this Act, the action shall be tried in the county in which the defendant or defendants, or any of them, shall reside at the commencement of the action. However, if none of the defendants reside in the state, the action may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the court to change the place of trial in the cases provided by statute. In the second event, the jurors' fees and mileage payments shall be paid by the parties in such proportions as the court may order. If the parties stipulate to a venue which is not specified in §§ 15-5-1 to 15-5-5, inclusive, the first sentence of this section, § 15-5-7, 15-5-8, or in section 1 of this Act, the stipulation must be approved by a court order which also provides for the payment of jurors' fees and mileage payments by the parties.
An Act to establish venue for certain actions arising out of real property lease agreements.
Section 2. That § 15-5-6 be amended to read:
15-5-6. In all other cases, except as provided in § 15-5-7, 15-5-8, or in section 1 of this Act, the action shall be tried in the county in which the defendant or defendants, or any of them, shall reside at the commencement of the action. However, if none of the defendants reside in the state, the action may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the court to change the place of trial in the cases provided by statute. In the second event, the jurors' fees and mileage payments shall be paid by the parties in such proportions as the court may order. If the parties stipulate to a venue which is not specified in §§ 15-5-1 to 15-5-5, inclusive, the first sentence of this section, § 15-5-7, 15-5-8, or in section 1 of this Act, the stipulation must be approved by a court order which also provides for the payment of jurors' fees and mileage payments by the parties.
An Act to establish venue for certain actions arising out of real property lease agreements.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1135
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1135 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
