15-14-6.1. Challenges for cause in a civil case.

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 degree, as defined by § 23A-20-30, to a party in the case;

(3)    The prospective juror is a member of the family of a party or one of the attorneys in the case;

(4)    The prospective juror has a relationship of guardian and ward, master and servant, employer and employee, landlord and tenant, or principal and agent with an attorney or a party in the case;

(5)    The prospective juror is a partner or associate in business with an attorney or a party in the case;

(6)    The prospective juror is a surety on a bond or an obligation for an attorney or a party in the case;

(7)    The prospective juror, presently, has a relationship of attorney and client with one of the attorneys in the case or has had such a relationship within one year previously;

(8)    The prospective juror is an officer, agent, or employee of a corporation, between which corporation and an attorney in the case, the relationship of attorney and client exists;

(9)    The prospective juror is the spouse of an attorney in the case;

(10)    The prospective juror is the spouse of any other prospective juror who would be subject to a challenge for cause under this section;

(11)    The prospective juror previously served as a juror or was a witness in a previous trial between the same parties for the same cause of action;

(12)    The prospective juror has a pecuniary interest in the outcome of the case, except an interest as a member or citizen of a municipal corporation or other government unit;

(13)    The prospective juror has knowledge of some or all of the material facts of the case and has an unqualified opinion or belief as to the merits of the case;

(14)    The prospective juror has a state of mind evincing enmity against, or bias to or against a party in the case;

(15)    Within two years prior to being summoned, the prospective juror served as a juror in the county during a prior term of jury service pursuant to § 16-13-22;

(16)    The prospective juror has a civil case pending in the county exclusive of small claims actions;

(17)    If a talesman, the prospective juror applied directly or indirectly to a sheriff, deputy sheriff, or coroner of the county to be summoned for jury duty;

(18)    A challenge for actual bias showing the existence of a state of mind on the part of a prospective juror, in reference to the case or to a party, that satisfies the court, in the exercise of sound discretion, that the juror cannot try the issue impartially, without prejudice to the substantial rights of the party challenging.

Source: SL 1999, ch 277; SL 2002, ch 249, § 2.

15-14-7. Challenge of individual jurors--Number of peremptory challenges--Alternating by parties.

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.

Source: SDC 1939 & Supp 1960, § 33.1310.

15-14-8. Challenges when several parties on one side.

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 must each be allowed the number of peremptory challenges provided by law.

Source: SDC 1939 & Supp 1960, § 33.1310.

15-14-9. Trial of jury challenges for cause--Witnesses.

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.

15-14-10. Procedure for peremptory challenges--Replacement of jurors challenged.

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 challenges by crossing out the name of the juror they desire to challenge and noting thereafter that such challenge has been exercised by the plaintiff or defendant, as the case may be. When a peremptory challenge is exercised it shall be announced by the party or attorney exercising it; but the name of the juror challenged need not be announced. Thereupon and before further challenges are exercised, the clerk shall draw another juror and he may be examined for cause and challenges for cause made. The parties shall proceed alternately, exercising their peremptory challenges until the same are exhausted and the jurors then remaining in the box shall be sworn as jurors to try the case.

Source: SDC 1939 & Supp 1960, § 33.1312.

15-14-10.1. Choosing alternate jurors.

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.

15-14-10.2. Number of prospective jurors.

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 Rule 97-3.

15-14-10.3. Selection of prospective jurors.

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.

15-14-10.4. Determining manner of exercising peremptory challenge.

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 challenge shall be as found in § 15-14-10.

Source: Supreme Court Rule 97-5.

15-14-10.5. Exercise of peremptory challenge.

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 97-6.

15-14-11. Oath of jurors--Affirmation.

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?

Source: SDC 1939 & Supp 1960, § 33.1313; SL 2007, ch 131, § 1.

15-14-12. Admonitions by court on separation of jury.

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 given to you for decision.

Source: SDC 1939 & Supp 1960, § 33.1320; SL 2007, ch 149, § 2.

15-14-13. Discharge of juror unable to proceed with trial--Proceedings after discharge.

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 discharged. In that case the trial may proceed with the other jurors if the parties so agree, or another juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterward impaneled.

Source: SDC 1939 & Supp 1960, § 33.1326.

15-14-14. Stenographic report of opening statements not required.

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).

15-14-15. One counsel on each side to examine witness.

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).

15-14-16. View of premises by jury.

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 be shown to them by some person appointed by the court for that purpose. The jury may be given a view of the property or place while the case is being submitted to them or during their deliberation, or both, as the court may order. While the jury are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial.

Source: SDC 1939 & Supp 1960, § 33.1322.

15-14-17. Number of counsel and time allowed for argument to jury.

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.

15-14-18. Scope of argument to jury--Argument on law.

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 or different than that settled and given by the trial court in the instructions. The trial court shall strictly enforce this section and § 15-14-17.

Source: SDC 1939 & Supp 1960, § 33.1321.

15-14-19. Retirement of jury for deliberation.

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 court may, at its discretion, permit the jurors to separate during the adjournment of court overnight.

Source: SDC 1939 & Supp 1960, § 33.1324; Supreme Court Rule No. 5, 1972, effective January 1, 1973.

15-14-20. Papers, exhibits, and notes taken into jury room.

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 may also take with them notes of the testimony or other proceedings on the trial taken by themselves, or any of them, but none taken by any other person.

Source: SDC 1939 & Supp 1960, § 33.1323.

15-14-21. Communications to and from jury during deliberations.

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 while in his charge; and he must not before their verdict is rendered communicate to any person the state of their deliberations, or the verdict agreed upon.

Source: SDC 1939 & Supp 1960, § 33.1324.

15-14-22. Other business of court during jury deliberations--Case open until jury discharged.

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.

15-14-23. Verdict to include value and damages in action for recovery of personal property.

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 also find that he is entitled to a return thereof, must find the value of the property, and if so instructed, the value of specific portions thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of such property.

Source: SDC 1939 & Supp 1960, § 33.1332.

15-14-24. Sealed verdict directed on agreement during adjournment.

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.

15-14-25. Receipt from jury and reading of verdict--Inquiry--Number of votes required.

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 the clerk to the jury, and the inquiry made whether it is their verdict. If three or more jurors disagree they must be sent out again. If ten of the jury agree to the verdict it shall be the verdict of the jury and so recorded.

Source: SDC 1939 & Supp 1960, § 33.1333.

15-14-26. Polling of jury--Dissenting votes.

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, except in the cases provided for in § 15-14-27, the jury must again be sent out.

Source: SDC 1939 & Supp 1960, § 33.1333.

15-14-27. Actions in which five-sixths vote by jury sufficient.

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 15-14-29.

Source: SDC 1939 & Supp 1960, § 33.1334; SL 1974, ch 153, § 7; SL 1985, ch 160; SL 1994, ch 157, § 3; SL 1997, ch 112, § 1.

15-14-28. Receipt and reading of verdict when five-sixths vote sufficient--Inquiry--Dissenting votes.

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 shall be read by the clerk to the jury and the inquiry made whether it is their verdict. If two or more of the jury disagree, they shall be sent out again. If five of the jury agree to the verdict, it shall be the verdict of the jury and so recorded.

Source: SDC 1939 & Supp 1960, § 33.1335; SL 1997, ch 112, § 2.

15-14-29. Polling of jury when five-sixths vote sufficient--Dissenting votes.

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 his or her verdict. If more than one answers in the negative, the jury shall be sent out.

Source: SDC 1939 & Supp 1960, § 33.1335; SL 1997, ch 112, § 3.

15-14-30. Correction of irregularities in verdict.

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.

15-14-31. Minute entry on receipt of verdict--Contents.

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.

15-14-32. Jury discharged by final adjournment for term.

A final adjournment of the court for the term discharges the jury.

Source: SDC 1939 & Supp 1960, § 33.1336.

15-14-33. New trial after verdict not returned.

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.

Source: SDC 1939 & Supp 1960, § 33.1328.