15-5-1      Venue based on location of subject matter.
15-5-2      Venue where cause of action arose.
15-5-3      Venue of actions on life, health and accident insurance policies.
15-5-4      Venue of actions on fidelity bond executed by domestic company.
15-5-5      Venue of actions on contracts and bonds other than fidelity bond issued by domestic company.
15-5-6      Venue based on residence of defendant--Nonresident defendants--Payment of jurors' fees and mileage--Stipulation to venue.
15-5-7      Venue of action on promissory note.
15-5-8      Venue of actions for conversion or recovery of damages.
15-5-8.1      Venue of actions arising out of real property lease agreements.
15-5-9      Dismissal of action where party added to control venue.
15-5-10      Trial of action in county where commenced unless defendant demands change of venue.
15-5-11      Grounds for change of venue.
15-5-12      Continuation of proceedings after change of venue--Transfer of papers.
15-5-13      Terms allowed on change of venue from improper county--Payment of costs required before continuation or commencement of new action.
15-5-14      Change of venue in postjudgment divorce, paternity, or separate maintenance actions .

15-5-1. Venue based on location of subject matter.

Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by the statute:

(1)    For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property;

(2)    For the partition of real property;

(3)    For the foreclosure of a mortgage of real property;

(4)    For the recovery of personal property distrained for any cause;

(5)    For the recovery on a policy of insurance for loss or damage to the property insured, such property, for the purposes of this subdivision being deemed the subject of the action.

Source: SDC 1939 & Supp 1960, § 33.0301.

15-5-2. Venue where cause of action arose.

Actions for the following causes, or upon the following instruments, must be tried in the county where the cause, or some part thereof, arose, or the forfeiture was declared, subject to the power of the court to change the place of trial:

(1)    For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake or river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed;

(2)    Against a public officer, or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person, who, by his command or his aid, shall do anything touching the duties of such officer;

(3)    Upon a forfeited recognizance, bond, or undertaking of bail.

Source: SDC 1939 & Supp 1960, § 33.0303.

15-5-3. Venue of actions on life, health and accident insurance policies.

Actions on a life, health, or accident insurance policy issued by a company organized under the laws of this state shall be tried in the county where the insured resided at the time a liability is alleged to have accrued under the policy.

Source: SDC 1939, § 33.0302; SL 1943, ch 123.

15-5-4. Venue of actions on fidelity bond executed by domestic company.

Actions on a fidelity bond executed by a surety, fidelity, or guaranty company organized under the laws of this state shall be tried in the county where the default or defalcation provided against in the bond occurred.

Source: SDC 1939, § 33.0302; SL 1943, ch 123.

15-5-5. Venue of actions on contracts and bonds other than fidelity bond issued by domestic company.

Actions on contracts, surety bonds, or bonds of indemnity or liability, other than those referred to in § 15-5-4, issued by any such company or companies shall be brought and tried in the county where the indemnified resides at the time said action is commenced; or in the county where such liability or loss indemnified by such contract or bond occurred.

Source: SDC 1939, § 33.0302; SL 1943, ch 123.

15-5-6. Venue based on residence of defendant--Nonresident defendants--Payment of jurors' fees and mileage--Stipulation to venue.

In all other cases, except as provided in § 15-5-7, 15-5-8, or 15-5-8.1, 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 15-5-8.1, the stipulation must be approved by a court order which also provides for the payment of jurors' fees and mileage payments by the parties.

Source: SDC 1939 & Supp 1960, § 33.0304; SL 1976, ch 146; SL 1985, ch 158; SL 2016, ch 110, § 2.

15-5-7. Venue of action on promissory note.

An action upon a promissory note against persons, any one of whom resides in the state at the commencement of the action and was a party to said note when first delivered, shall be tried in the county in which some defendant who was a party to said note when first delivered shall reside at the commencement of the action; or if none of the defendants shall reside in the state, the same 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.

Source: SDC 1939 & Supp 1960, § 33.0304.

15-5-8. Venue of actions for conversion or recovery of damages.

Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose.

Source: SDC 1939 & Supp 1960, § 33.0304.

15-5-8.1. Venue of actions arising out of real property lease agreements.

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.

Source: SL 2016, ch 110, § 1.

15-5-9. Dismissal of action where party added to control venue.

Whenever the plaintiff in any action adds to the real party defendant the name of any other party for the purpose of controlling the venue, the court shall upon motion of the proper party defendant dismiss the action.

Source: SDC 1939 & Supp 1960, § 33.0304.

15-5-10. Trial of action in county where commenced unless defendant demands change of venue.

If the county designated for that purpose in the complaint is not the proper county, the action may, notwithstanding, be tried therein unless the defendant, before the time for answering expires, demands in writing that the trial be had in the proper county, and the place of trial be thereupon changed by the consent of the parties or by order of the court, as provided in § 15-5-11.

Source: SDC 1939 & Supp 1960, § 33.0305.

15-5-11. Grounds for change of venue.

The court may change the place of trial in the following cases:

(1)    When the county designated for that purpose in the complaint is not the proper county;

(2)    Where there is reason to believe that an impartial trial cannot be had therein;

(3)    When the convenience of witnesses, and the ends of justice would be promoted by the change.

Source: SDC 1939 & Supp 1960, § 33.0306.

15-5-12. Continuation of proceedings after change of venue--Transfer of papers.

When the place of trial is changed all other proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties, in writing, duly filed, or by order of the court; and the papers shall be filed or transferred accordingly.

Source: SDC 1939 & Supp 1960, § 33.0306.

15-5-13. Terms allowed on change of venue from improper county--Payment of costs required before continuation or commencement of new action.

If the county designated is not the proper county and where the court changes the place of trial on account of the action having been brought in the wrong county, the court, in its order granting the change of place of trial, may in its discretion allow to the moving party such terms as to it may seem just; and in case of a dismissal of the action or change of place of trial, the payment of the amount awarded by the court shall be made a condition precedent to the commencement of another action or the further prosecution of the action where change of place of trial has been granted.

Source: SDC 1939 & Supp 1960, § 33.0306.

15-5-14. Change of venue in postjudgment divorce, paternity, or separate maintenance actions.

The court may change the venue of trial or hearing in postjudgment divorce, paternity, or separate maintenance actions if:

(1)    The parties no longer reside in the county where the action was decided; or

(2)    The parties agree; or

(3)    Convenience of witnesses or the ends of justice would be promoted by the change.

Source: SL 1998, ch 111, § 1.