15-8-1      Remedies available where some but not all defendants served.
15-8-2      Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment.
15-8-3      Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.
15-8-4      Summons to enforce judgment against joint contract debtors not summoned in original action.
15-8-5      Contents and service of summons to enforce judgment against joint contract debtor.
15-8-6      New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.
15-8-7      Defenses available to joint contract debtor summoned for enforcement of judgment.
15-8-8      Reply and trial of issues on summons to enforce judgment against joint contract debtor.
15-8-9      Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.
15-8-10      Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.
15-8-11      Joint tort-feasors--Definition of term.
15-8-12      Right of contribution among joint tort-feasors.
15-8-13      Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.
15-8-14      Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.
15-8-15      Degrees of fault of joint tort-feasors considered in determining liability.
15-8-15.1      Liability of party allocated less than fifty percent of total fault.
15-8-15.2      Determination of percentages of fault by trier of fact--Treatment of several persons as single party.
15-8-16      Joint tort-feasor not discharged by judgment against another.
15-8-17      Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.
15-8-18      Restrictions on discharge from contribution obligation by release given by injured party.
15-8-19      Indemnity rights not impaired by joint tort-feasor provisions.
15-8-20      Severability of joint tort-feasor provisions.
15-8-21      Repealed.
15-8-22      Citation of uniform tort-feasor provisions.

15-8-1. Remedies available where some but not all defendants served.

Where an action is against two or more defendants, and the summons is served on one or more but not on all of them, the plaintiff may proceed as provided by §§ 15-8-2 and 15-8-3.

Source: SDC 1939 & Supp 1960, § 33.0818.

15-8-2. Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment.

If an action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendant served unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served and if they are subject to arrest, against the persons of the defendants served.

Source: SDC 1939 & Supp 1960, § 33.0818 (1).

15-8-3. Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.

If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein shall remain unsatisfied, may by action recover of such partner separately upon proving his joint liability, notwithstanding he may not have been named in the original action; but the plaintiff shall have satisfaction of only one judgment rendered for the same cause of action.

Source: SDC 1939 & Supp 1960, § 33.0818 (4).

15-8-4. Summons to enforce judgment against joint contract debtors not summoned in original action.

When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§ 15-8-1 to 15-8-3, inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned.

Source: SDC 1939 & Supp 1960, § 33.2301.

15-8-5. Contents and service of summons to enforce judgment against joint contract debtor.

The summons provided in § 15-8-4 must be subscribed by the judgment creditor or his attorney; must describe the judgment and require the person summoned to show cause within thirty days after the service of the summons; and must be served in like manner as the original summons.

Source: SDC 1939 & Supp 1960, § 33.2302.

15-8-6. New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.

It is not necessary to file a new complaint in a proceeding authorized by § 15-8-4, but the summons must be accompanied by an affidavit of the person subscribing it that the judgment has not been satisfied, to his knowledge or information and belief, and must specify the amount due thereon.

Source: SDC 1939 & Supp 1960, § 33.2302.

15-8-7. Defenses available to joint contract debtor summoned for enforcement of judgment.

The party summoned pursuant to § 15-8-4 may answer within the time specified in § 15-8-5, denying the judgment or setting up any defense which may have arisen subsequently; and he may make the same defense which he might have originally made to the action, except the statute of limitations.

Source: SDC 1939 & Supp 1960, § 33.2303.

15-8-8. Reply and trial of issues on summons to enforce judgment against joint contract debtor.

The party issuing summons pursuant to § 15-8-4 may reply to the answer, and the issues may be tried and judgment may be given in the same manner as in an action.

Source: SDC 1939 & Supp 1960, § 33.2304.

15-8-9. Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.

The answer and the reply described by §§ 15-8-7 and 15-8-8 must be verified in like cases and manner, and be subject to the same rules as the answer and reply in an action.

Source: SDC 1939 & Supp 1960, § 33.2304.

15-8-10. Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.

A supplementary judgment rendered under the provisions of §§ 15-8-4 to 15-8-9, inclusive, may be docketed and transcribed the same as any other judgment and may be enforced by execution or the application of the property which may be subjected to payment of the judgment and may be compelled by attachment, if necessary.

Source: SDC 1939 & Supp 1960, § 33.2305.

15-8-11. Joint tort-feasors--Definition of term.

For the purposes of §§ 15-8-12 to 15-8-22, inclusive, the term "joint tort-feasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.

Source: SL 1945, ch 167, § 1; SDC Supp 1960, § 33.04A02.

15-8-12. Right of contribution among joint tort-feasors.

The right of contribution exists among joint tort-feasors.

Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (1).

15-8-13. Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.

A joint tort-feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.

Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (2).

15-8-14. Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.

A joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement.

Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (3).

15-8-15. Degrees of fault of joint tort-feasors considered in determining liability.

When there is such a disproportion of fault among joint tort-feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort-feasors shall be considered in determining their pro rata shares.

Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (4).

15-8-15.1. Liability of party allocated less than fifty percent of total fault.

If the court enters judgment against any party liable on the basis of joint and several liability, any party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to that party.

Source: SL 1987, ch 154, § 1.

15-8-15.2. Determination of percentages of fault by trier of fact--Treatment of several persons as single party.

In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. The trier of fact may determine that two or more persons are to be treated as a single party if their conduct was a proximate cause of the damages claimed and if the acts or omissions of such persons are so interrelated that it would be inequitable to distinguish between them.

Source: SL 1987, ch 154, § 2.

15-8-16. Joint tort-feasor not discharged by judgment against another.

The recovery of a judgment by the injured person against one joint tort-feasor does not discharge the other joint tort-feasors.

Source: SL 1945, ch 167, § 3; SDC Supp 1960, § 33.04A04.

15-8-17. Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.

A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides; but reduces the claim against the other tort-feasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.

Source: SL 1945, ch 167, § 4; SDC Supp 1960, § 33.04A05.

15-8-18. Restrictions on discharge from contribution obligation by release given by injured party.

A release by the injured person of one joint tort-feasor does not relieve him from liability to make contribution to another joint tort-feasor unless the release is given before the right of the other tort-feasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tort-feasor, of the injured person's damages recoverable against all the other tort-feasors.

Source: SL 1945, ch 167, § 5; SDC Supp 1960, § 33.04A06.

15-8-19. Indemnity rights not impaired by joint tort-feasor provisions.

Sections 15-8-11 to 15-8-22, inclusive, do not impair any right of indemnity under existing law.

Source: SL 1945, ch 167, § 6; SDC Supp 1960, § 33.04A07.

15-8-20. Severability of joint tort-feasor provisions.

If any provision of §§ 15-8-11 to 15-8-22, inclusive, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or application, and to this end the provisions of said sections are declared to be severable.

Source: SL 1945, ch 167, § 8; SDC Supp 1960, § 33.04A09.