15-11-3. Designation of days for trial of issues of law.

The court will from time to time designate days upon which issues of law will be tried.

Source: SDC 1939 & Supp 1960, § 33.1112; Supreme Court Rule 80-15.

15-11-4. Postponement of trial or hearing.

When an action or proceeding is called for trial or hearing, or at any time previous thereto, the court or judge may, upon good cause shown, direct the trial or hearing to be postponed to another day of the same or next term, or to such time as shall be just in view of all the circumstances.

Source: SDC 1939 & Supp 1960, § 33.1114.

15-11-5. Postponement during legislative session when legislator is party or attorney--Notice of intention to apply.

Whenever any action or proceeding, including a contested small claims action other than for attachment, garnishment, arrest and bail, claim and delivery, injunction, receivership, and deposit in court, to which any member of the Legislature is a party or in which any member of the Legislature is the attorney in charge for either party, comes on for trial or hearing during a session of the Legislature, the attendance of the party or attorney upon the session is cause for the postponement of the trial or hearing until after the conclusion of the session, provided the party or attorney serves notice, on the opposite party, of his intention to apply for the postponement at least fifteen days before the term or time at which the action or proceeding may be brought on for trial or hearing or as soon as notice of hearing is received if less than fifteen days prior to the date set for hearing.

Source: SDC 1939 & Supp 1960, § 33.1115; SL 1989, ch 176.

15-11-6. Time for application for continuance--Written motion and affidavit required--Hearing.

All applications for continuance must be made, by motion, not less than ten calendar days prior to the day set for commencement of the trial, unless the cause for continuance shall have arisen or come to the knowledge of the party subsequent to that time, in which case the motion shall be made as soon as practicable. All such motions shall be in writing and accompanied by affidavits in support of the motion, which affidavits shall set forth with particularity the grounds and cause for such motion as well as the efforts of the party or the party's attorney to avoid such delay. Upon receipt of such a motion, the court shall schedule a hearing, which may be by telephone conference, and shall decide the motion without delay in order to avoid trial delay awaiting such decision. The adverse party may be heard by affidavits or by argument presented, filed, and served at the time of the hearing.

Source: SDC 1939 & Supp 1960, § 33.1116; Supreme Court Rule 80-15; Supreme Court Rule 85-6.

15-11-7. Affidavit to support continuance on absence of witness--Contents.

An application for continuance on account of the absence of a witness must be supported by the affidavit of the party, his agent, or attorney, stating:

(1)    The name and residence of such witness, or if unknown, the efforts made to ascertain the same;

(2)    The testimony such witness would give if present, in narrative form or by questions and answers as in a deposition; that the affiant believes such testimony to be true and knows of no other person by whom the same facts may be proven, or if he knows of such other person, then the reasons why the testimony of such witness is necessary;

(3)    The reason why the deposition of the witness was not taken;

(4)    What efforts have been made to obtain the attendance of the witness or his testimony;

(5)    Facts showing ground for belief that the attendance or deposition of such witness may be procured at the next term of the court.

Source: SDC 1939 & Supp 1960, § 33.1117.

15-11-8. Counteraffidavits on application for continuance.

No counteraffidavits shall be allowed upon an application for a continuance, except those offered to show want of diligence or that the application is not made in good faith.

Source: SDC 1939 & Supp 1960, § 33.1117.

15-11-9. Admission of testimony to avoid continuance--Reading of testimony.

Unless, in the opinion of the court, justice shall require it, the trial will not be continued or postponed on account of the absence of a witness, if the adverse party will admit that the witness, if present, would testify as stated in the affidavit; but in such case the applicant may read the testimony of such witness as stated in his affidavit, subject to all proper objections which might be interposed if the witness were present.

Source: SDC 1939 & Supp 1960, § 33.1118.

15-11-10. Terms imposed on continuance or postponement.

Every continuance or postponement granted upon application shall be upon such terms as the court may impose.

Source: SDC 1939 & Supp 1960, § 33.1117.

15-11-10.1. Continuance by stipulation of all parties.

After a certificate of readiness has been filed in a civil matter, all of the parties to the action may stipulate in writing for a continuance. After the stipulation has expired, the court shall notify the parties and set the matter for trial.

Source: SL 1984, ch 145.

15-11-11. Dismissal for want of prosecution.

The court may dismiss any civil case for want of prosecution upon written notice to counsel of record where the record reflects that there has been no activity for one year, unless good cause is shown to the contrary. The term "record," for purposes of establishing good cause, shall include, but not by way of limitation, settlement negotiations between the parties or their counsel, formal or informal discovery proceedings, the exchange of any pleadings, and written evidence of agreements between the parties or counsel which justifiably result in delays in prosecution.

Source: Supreme Court Rule 80-11; Supreme Court Rule 82-13; SL 1998, ch 311.