TITLE 15
CIVIL PROCEDURE
Chapter
01 Definitions And General Provisions
02 Limitation Of Actions Generally
02A Limitation Of Actions For Construction Deficiencies
03 Adverse Possession And Limitation Of Actions To Recover Real Estate
04 Abatement And Survival Of Actions
05 Venue Of Actions
05A Interactive Audiovisual Device Use In Court Proceedings
06 Rules Of Procedure In Circuit Courts
07 Jurisdiction Of Persons
08 Remedies On Joint Liability
09 Commencement Of Actions And Service Of Process
10 Lis Pendens Notice
11 Circuit Court Calendar And Continuances
12 Change Of Circuit Judge Or Magistrate
13 Reference Of Cases
14 Conduct Of Jury Trials
15 Record And Exhibits
15A Unified Judicial System Court Records Rule
16 Judgments
16A Enforcement Of Foreign Judgments
17 Recovery Of Disbursements
18 Execution Of Judgments
19 Execution Sales
20 Proceedings Supplementary To Execution
21 Amercement Of Officers
22 Arrest And Bail In Civil Cases Repealed
23 Discharge From Imprisonment On Civil Process Repealed
24 Supreme Court Procedure In General
24A Certification Of Questions Of Law To Supreme Court
25 Original Proceedings In Supreme Court
26 Procedure For Taking Appeal To Supreme Court Repealed And Div Transferred
26A Rules Of Civil Appellate Procedure
26B Appellate Settlement Conferences Repealed
26C Supreme Court Electronic Filing Rules
27 Stay Of Execution On Appeal To Supreme Court Repealed
28 Undertakings And Deposits On Appeal To Supreme Court Repealed
29 Record And Briefs On Appeal To Supreme Court Repealed And Div Transferred
30 Disposition Of Appeals To Supreme Court
31 County Court Procedure Repealed
32 Municipal Court Procedure Repealed
33 General Powers And Process Of Justices Courts Repealed
34 Attachment And Garnishment In Justices Courts Repealed
35 Pleadings And Trial In Justices Courts Repealed
36 Judgments And Execution In Justices Courts Repealed
37 Records Dockets And Accounting By Justices Repealed
38 Appeals From Magistrate Court
39 Small Claims Procedure
15-1-1
Definition of terms.
15-1-2
Civil and criminal remedies not merged.
15-1-3
Time during which action is pending.
15-1-4
Procedure for acquiring signature of judge when no judge available.
CHAPTER 15-2
LIMITATION OF ACTIONS GENERALLY
15-2-1 Commencement of civil actions limited by prescribed periods--Manner of objecting to commencement.
15-2-2 Application of limitations to actions by or for state--Exceptions.
15-2-3 Cause of action based on fraud accruing on discovery or notice.
15-2-4 Accrual of cause of action on open account.
15-2-5 Accrual of cause of action for mortgage foreclosure.
15-2-5.1 Limitation of action to challenge validity on nonjudicial foreclosure of real property mortgage.
15-2-6 Actions on state judgments and sealed instruments.
15-2-7 Actions to foreclose real estate mortgages.
15-2-8 Judgment of federal or foreign court--Mentally ill person's support--Abstracter's bond--Relief not otherwise provided for.
15-2-9 15-2-9 to 15-2-12. Repealed by SL 1985, ch 156, § 10
15-2-12.1 15-2-12.1. Repealed by SL 1985, ch 157, § 2
15-2-12.2 Product liability actions--Prospective application.
15-2-13 Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument.
15-2-14 Action against sheriff, coroner, or constable--Action for statutory penalty or forfeiture--Action for personal injury.
15-2-14.1 Time for bringing medical malpractice actions--Counterclaims--Prospective application.
15-2-14.2 Time for bringing legal malpractice actions--Prospective application.
15-2-14.3 Time for bringing action against professional corporation--Corporate character and status unaffected.
15-2-14.4 Time for bringing action against licensed public accountant.
15-2-14.5 Time for bringing action against veterinarian--Counterclaims.
15-2-14.6 Time for bringing action against real estate licensees, agents, and employees--Prospective application.
15-2-14.7 Time for bringing action against firm of real estate broker, agent, or employee--Prospective application.
15-2-14.8 Time for bringing action against certain professional corporations and professional practitioners for acts or omissions occurring prior to January 1, 1980.
15-2-15 Actions for libel, slander, assault, battery, or false imprisonment--Actions for statutory forfeitures or penalties--Actions concerning wages.
15-2-15.1 15-2-15.1. Repealed by SL 1976, ch 145, § 4
15-2-15.2 Time for bringing action under federal civil rights statutes.
15-2-16 Limitation of actions for recovery of municipal funds unlawfully expended.
15-2-17 Actions for escape of prisoner arrested on civil process--Statutory forfeiture or penalty--Petty offense.
15-2-18 Actions on instruments circulated as money not limited by provisions.
15-2-19 Actions against bank directors, shareholders, agents, or employees.
15-2-20 Tolling of statute during absence of defendant from state--Real estate mortgage foreclosure actions excepted.
15-2-21 Running of statute against enemy alien during war.
15-2-22 Tolling of statute during disability--Maximum period of extension--Actions excepted.
15-2-22.1 15-2-22.1. Repealed by SL 2008, ch 103, § 1.
15-2-23 Disability to have existed when right of action accrued.
15-2-24 Coexisting disabilities.
15-2-25 Tolling of statute during injunction or statutory prohibition.
15-2-26 15-2-26, 15-2-27. Repealed by SL 1995, ch 167, §§ 93, 94
15-2-28 Mortgage presumed paid after fifteen years--Tolling provisions not applicable.
15-2-29 Writing required for acknowledgment or promise to take case out of operation of chapter.
15-2-30 Commencement of action by service of summons--Summons on codefendant.
15-2-31 Attempted commencement of action by delivery of summons to sheriff--Publication or service following attempt.
15-2-32 New action after reversal of judgment on appeal.
15-2-33 Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties.
15-2-34 Action for recovery of damages against regional airport authority--Commencement.
15-2-35 Action against real estate appraiser or employee for malpractice, error, mistake, or omission.
15-2-36 Actions for breach of trust against qualified persons.
15-2A-1
Legislative findings--Ten-year limitation--Exceptions.
15-2A-2
Legislative intent.
15-2A-3
Time for bringing action--Date of substantial completion.
15-2A-4
Persons in control of improvement may not assert limitation.
15-2A-5
Injuries occurring in tenth year.
15-2A-6
Periods otherwise prescribed not extended--Cause of action not created.
15-2A-7
Persons guilty of fraud or willful misconduct may not assert limitation.
15-2A-8
Express warranty or guaranty.
15-2A-9
Tolling provisions.
15-2A-10
Prospective application.
15-3-1
Seizin or possession within twenty years required for action to recover real property
or possession.
15-3-2
Seizin or possession within twenty years required for cause of action or defense
based on title to real property.
15-3-3
Limitation of actions based on entry on real estate.
15-3-4
Limitation of actions by state based on title to real property.
15-3-5
Grantee of state limited by limitations applicable to state.
15-3-6
Limitation of actions to recover real property after invalidation of state grant.
15-3-7
Possession of real property presumed from legal title--Occupation by another
presumed subordinate to legal title.
15-3-8
Tenant's possession deemed that of landlord--Continuation after termination of
tenancy.
15-3-9
Possessory right not impaired by descent on death of person in possession.
15-3-10
Twenty years' possession under written instrument or judgment deemed adverse
possession--Tract divided into lots.
15-3-11
Acts constituting adverse possession based on written instrument or judgment.
15-3-12
Actual occupation required for adverse possession under claim other than written
instrument or judgment.
15-3-13
Acts constituting adverse possession under claim other than written instrument or
judgment.
15-3-14
Tolling of statute during disability--Time for commencement of action after removal
of disability.
15-3-15
Vesting of title by possession and payment of taxes for ten years under color of title--Continuation of possession and tax payment by successor in interest.
15-3-16
Vesting of title to unoccupied land by payment of taxes for ten years under color of
title--Continuation of tax payment by successor in interest.
15-3-17
Tax payment vesting provisions not applicable to public lands or religious or
charitable societies.
15-3-18
Tax payment vesting provisions not applicable against person under disability--Time
for commencement of action after removal of disability
.
15-3-19
Time allowed for assertion of irregularities in notice involving real property--Persons
under disability.
15-3-20
Partition fence agreement.
15-3-21
Real estate taxes following determination of adverse possession.
15-3-22
Existing utility lines not affected.
15-4-1
Causes of action surviving death of party--Brought by or against legal representative.
15-4-2
Action continues where cause of action survives.
15-4-3
Death of party after verdict or decision and before judgment--Judgment payable in course
of administration.
15-4-4
Death of nonresident appellant pending appeal--Revival and substitution of representative
required to avoid affirmance.
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
.
CHAPTER 15-5A
INTERACTIVE AUDIOVISUAL DEVICE USE IN COURT PROCEEDINGS
15-5A-1 General provisions.
15-5A-2 Traffic offense proceedings.
15-5A-3 Pre-trial criminal proceedings.
15-5A-4 Misdemeanor plea or sentencing hearings.
15-5A-5 Post-conviction proceedings.
15-5A-6 Juvenile proceedings.
15-5A-7 Civil commitment hearings.
15-5A-8 Grand jury proceedings.
15-5A-9 Where not permitted.
15-5A-10 Any proceeding where the court and parties agree.
15-5A-11 Interactive audio visual equipment for noncourt proceedings--Fees.
CHAPTER 15-6
RULES OF PROCEDURE IN CIRCUIT COURTS
15-6-1 Scope of Chapter.
15-6-2 One form of action.
15-6-3 Commencement of action.
15-6-4(a) Summons--Form.
15-6-4(b) Summons served without complaint.
15-6-4(c) By whom summons served.
15-6-4(d) Personal service of summons.
15-6-4(e) Service by leaving copy with resident of defendant's dwelling.
15-6-4(f) Service upon party not a resident of or found within state.
15-6-4(g) Proof of service.
15-6-4(h) Amendment of process.
15-6-4(i) Service by mail--Admission of service--Costs.
15-6-4(j) Form of notice and admission of service by mail.
15-6-5(a) Service--When required.
15-6-5(b) Service--How made--Proof.
15-6-5(c) Service on numerous defendants.
15-6-5(d) Filing of papers--Originals--Copies.
15-6-5(e) Definition--Filing with the court.
15-6-5(f) Repealed.
15-6-5(g) Documents not to be filed--Depositions.
15-6-5(h) Civil Case Filing Statements.
15-6-5(i) Service of discovery requests by electronic mail or portable storage media device--Costs.
15-6-5(j) Repealed.
15-6-6(a) Computation of time.
15-6-6(b) Enlargement of time.
15-6-6(c) 15-6-6(c). Superseded
15-6-6(d) Time for motion--Affidavits--Briefs.
15-6-6(e) Additional time after service by mail--Facsimile and electronic mail transmission service exempt.
15-6-7 15-6-7. Pleadings allowed--form of motions
15-6-7(a) Pleadings.
15-6-7(b) Motions and other papers.
15-6-7(c) Demurrers, pleas, and exceptions abolished.
15-6-8 15-6-8. General rules of pleading
15-6-8(a) Claims for relief.
15-6-8(b) Defenses--Form of denials.
15-6-8(c) Defenses--Form of denials.
15-6-8(d) Effect of failure to deny.
15-6-8(e) Pleading to be concise and direct--Consistency.
15-6-8(f) Construction of pleadings.
15-6-9 15-6-9. Pleading special matters
15-6-9(a) Pleading capacity.
15-6-9(b) Pleading fraud, mistake, condition of the mind.
15-6-9(c) Pleading conditions precedent.
15-6-9(d) Pleading official document or act.
15-6-9(e) Pleading judgment.
15-6-9(f) Pleading time and place.
15-6-9(g) Pleading special damage.
15-6-9(h) Unknown party--How designated in pleadings and process.
15-6-9(i) Complaint in action for libel or slander.
15-6-10 15-6-10. Form of pleadings
15-6-10(a) Caption--Names of parties.
15-6-10(b) Paragraphs--Separate statements.
15-6-10(c) Adoption by reference--Exhibits.
15-6-10(d) Roman numerals--Use--Restrictions.
15-6-10(e) Formatting of pleadings.
15-6-11 15-6-11. Signing of Pleadings
15-6-11(a) Signature.
15-6-11(b) Representations to court.
15-6-11(c) Sanctions.
15-6-11(d) Inapplicability to discovery.
15-6-11(e) Appeal to Supreme Court--Award of attorneys' fees and costs on appeal.
15-6-12 15-6-12. Defenses and objections
15-6-12(a) Time for presenting defenses and objections.
15-6-12(b) Manner of presenting defenses and objections.
15-6-12(c) Motion for judgment on the pleadings.
15-6-12(d) Preliminary hearings.
15-6-12(e) Motion for more definite statement.
15-6-12(f) Motion to strike.
15-6-12(g) Consolidation of defenses in motion.
15-6-12(h) Waiver or preservation of certain defenses.
15-6-13 15-6-13. Counterclaim and cross-claim
15-6-13(a) Compulsory counterclaims.
15-6-13(b) Permissive counterclaims.
15-6-13(c) Counterclaim exceeding opposing claim.
15-6-13(d) Counterclaim against the State of South Dakota.
15-6-13(e) Counterclaim maturing or acquired after pleading.
15-6-13(f) Omitted counterclaim.
15-6-13(g) Cross-claim against co-party.
15-6-13(h) Joinder of additional parties.
15-6-13(i) Separate trials--Separate judgments.
15-6-14 15-6-14. Third-party practice
15-6-14(a) When defendant may bring in third party.
15-6-14(b) When plaintiff may bring in third party.
15-6-15 15-6-15. Amended and supplemental pleadings
15-6-15(a) Amendments to pleadings.
15-6-15(b) Amendments to conform to the evidence.
15-6-15(c) Relation back of amendments to pleadings.
15-6-15(d) Supplemental pleadings.
15-6-16 Pretrial procedure--Formulating issues.
15-6-17 15-6-17. Parties plaintiff and defendant--capacity
15-6-17(a) Real party in interest.
15-6-17(b) Capacity to sue or be sued.
15-6-17(c) Representation of minors or incompetent persons.
15-6-18 15-6-18. Joinder of claims and remedies
15-6-18(a) Joinder of claims.
15-6-18(b) Joinder of remedies--Fraudulent conveyances.
15-6-19 15-6-19. Joinder of persons needed for just adjudication
15-6-19(a) Persons to be joined if feasible.
15-6-19(b) Determination by court whenever joinder not feasible.
15-6-19(c) Pleading reasons for nonjoinder.
15-6-19(d) Exception of class actions.
15-6-20 15-6-20. Permissive joinder of parties
15-6-20(a) Permissive joinder.
15-6-20(b) Separate trials.
15-6-21 Misjoinder and nonjoinder of parties.
15-6-22 Interpleader.
15-6-23 15-6-23. Class actions
15-6-23.1 Derivative actions by unincorporated associations.
15-6-23.2 Actions relating to unincorporated associations.
15-6-23(a) Prerequisites to a class action.
15-6-23(b) Class actions maintainable.
15-6-23(c) Determination by order whether class action to be maintained--Notice--Judgment--Actions conducted partially as class actions.
15-6-23(d) Orders in conduct of actions.
15-6-23(e) Dismissal or compromise of class actions.
15-6-24(a) Intervention of right.
15-6-24(b) Permissive intervention.
15-6-24(c) Procedure for intervention.
15-6-25 15-6-25. Substitution of parties
15-6-25.1 Dismissal of parties--Subsequent pleadings.
15-6-25(a) Death of party.
15-6-25(b) Incompetency of party.
15-6-25(c) Transfer of party's interest.
15-6-25(d) Officer as party--Death or separation from office.
15-6-25(e) Judgment for possession of real property--Successor in interest--Revival.
15-6-26 15-6-26. --Discovery pending action
15-6-26(a) Discovery methods.
15-6-26(b) Scope of discovery.
15-6-26(c) Protective orders.
15-6-26(d) Sequence and timing of discovery.
15-6-26(e) Supplementation of responses.
15-6-26(f) 15-6-26(f). Superseded
15-6-27 15-6-27. Depositions before action or pending appeal
15-6-27(a) Depositions before action.
15-6-27(b) Depositions pending appeal.
15-6-27(c) Perpetuation of testimony by action.
15-6-28 15-6-28. Persons before whom depositions may be taken
15-6-28.1 Interstate depositions and discovery.
15-6-28.2 Definitions.
15-6-28.3 Issuance of subpoena for interstate depositions and discovery.
15-6-28.4 Service of subpoena for interstate depositions and discovery.
15-6-28.5 Deposition, production, inspection, witness fees, expenses, place of examination, attendance where required.
15-6-28.6 Application to court.
15-6-28(a) Taking depositions within the United States.
15-6-28(b) Taking depositions in foreign countries.
15-6-28(c) Disqualification to take deposition for interest.
15-6-29 Stipulations regarding the taking of depositions.
15-6-30 15-6-30. Depositions upon oral examinations
15-6-30(a) When depositions may be taken.
15-6-30(b) Notice of examination--General requirements--Special notice--Nonstenographic recording--Production of documents and things--Deposition of organization.
15-6-30(c) Examination and cross-examination--Record of examination--Oath--Objection.
15-6-30(d) Schedule and duration--Motion to terminate or limit examination.
15-6-30(e) Submission to witness--Changes--Signing.
15-6-30(f) Certification and filing by officer--Exhibits--Copies.
15-6-30(g) Failure to attend or to serve subpoena for deposition expenses.
15-6-31 15-6-31. --Depositions of witnesses upon written interrogatories
15-6-31(a) Serving questions--Notice.
15-6-31(b) Officer to take responses and prepare record.
15-6-31(c) Notice of filing.
15-6-31(d) 15-6-31(d). Superseded
15-6-32 15-6-32. Effect of errors and irregularities in depositions
15-6-32(a) Use of depositions.
15-6-32(b) Objections to admissibility.
15-6-32(c) Effect of taking or using deposition.
15-6-32(d) Effect of errors and irregularities in depositions.
15-6-33 15-6-33. Interrogatories to parties
15-6-33(a) Availability--Procedures for use.
15-6-33(b) Scope--Use at trial.
15-6-33(c) Option to produce business records.
15-6-34 15-6-34. Discovery and production of documents and things for inspection, copying, or photographing
15-6-34(a) Scope.
15-6-34(b) Procedure.
15-6-34(c) Persons not parties.
15-6-35 15-6-35. Physical and mental examinations and blood tests of persons
15-6-35(a) Order for examination.
15-6-35(b) Report of examining physician.
15-6-36 15-6-36. Admission of facts and of genuineness of documents
15-6-36(a) Request for admission.
15-6-36(b) Effect of admission.
15-6-37 15-6-37. Refusal to make discovery--consequences
15-6-37(a) Motion for order compelling disclosure or discovery.
15-6-37(b) Failure to comply with order.
15-6-37(c) Failure to disclose--False or misleading disclosure--Refusal to admit.
15-6-37(d) Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.
15-6-38 15-6-38. Jury trial of right
15-6-38(a) Right to jury trial preserved.
15-6-38(b) Demand for jury trial.
15-6-38(c) Specification of issues in demand for jury trial.
15-6-38(d) Waiver of jury trial.
15-6-39 15-6-39. Trial by jury or by the court
15-6-39(a) Trial by jury.
15-6-39(b) Trial by the court.
15-6-39(c) Advisory jury and trial by consent.
15-6-40 15-6-40. Assignment of cases for trial
15-6-40(a) Issues--When, where, and how tried.
15-6-40(b) 15-6-40(b). Repealed by SL 1993, ch 386
15-6-40(c) Proceeding in absence of party.
15-6-41 15-6-41. Dismissal of actions
15-6-41(a) Voluntary dismissal--Effect thereof.
15-6-41(b) Involuntary dismissal--Effect thereof.
15-6-41(c) Dismissal of counterclaim, cross-claim, or third-party claim.
15-6-41(d) Costs of previously dismissed action.
15-6-42 15-6-42. Consolidation--separate trials
15-6-42(a) Consolidation of actions.
15-6-42(b) Separate trials.
15-6-43(a) Form and admissibility of evidence.
15-6-43(b) 15-6-43(b). Superseded
15-6-43(c) 15-6-43(c). Superseded
15-6-43(d) Oath or affirmation.
15-6-43(e) Evidence on motions.
15-6-43(f) Interpreters.
15-6-44 15-6-44. Proof of official record
15-6-44.1 Determination of foreign law.
15-6-44(a) Authentication of official records.
15-6-44(b) Proof of lack of official record.
15-6-44(c) Other proof of official record.
15-6-45(a) Subpoena for attendance of witnesses and for production of documentary evidence--Form--Issuance.
15-6-45(b) Subpoena for production of documentary evidence.
15-6-45(c) Service of subpoena.
15-6-45(d) Subpoena for taking depositions--Place of examination.
15-6-45(e) 15-6-45(e). Superseded
15-6-45(f) Failure to obey subpoena as contempt.
15-6-45(g) Nonresident of state served with subpoena in state.
15-6-46 Exceptions unnecessary.
15-6-47(a) Examination of jurors.
15-6-47(b) Alternate jurors.
15-6-48 Juries of less than twelve--Majority verdict.
15-6-49 15-6-49. Special verdicts and interrogatories
15-6-49(a) Special verdicts.
15-6-49(b) General verdict accompanied by answer to interrogatories.
15-6-50 15-6-50. Motion for a directed verdict and for judgment notwithstanding the verdict
15-6-50(a) Judgment as a matter of law.
15-6-50(b) Renewing motion for judgment after trial--Alternative motion for new trial.
15-6-50(c) Granting renewed motion for judgment as a matter law--Conditional rulings--New trial motion.
15-6-50(d) Denial of motion for judgment as a matter of law.
15-6-51 15-6-51. Instructions to jury--objection
15-6-51(a) Instructions to jury--Requests.
15-6-51(b) Instructions.
15-6-51(c) Objections.
15-6-51(d) Assigning error--Plain error.
15-6-52 15-6-52. Findings by the court
15-6-52(a) Effect of findings by the court--Proposals--When unnecessary.
15-6-52(b) Waiver of findings and conclusions of law.
15-6-53(a) Appointment and compensation of referees.
15-6-53(b) Reference.
15-6-53(c) Powers of referee.
15-6-53(d) Proceedings before referee.
15-6-53(e) Report of referee.
15-6-54 15-6-54. Judgments--costs
15-6-54(a) Definition--Form of judgment.
15-6-54(b) Judgment upon multiple claims or involving multiple parties.
15-6-54(c) Demand for judgment.
15-6-54(d) Judgment for costs--Attorneys' fees.
15-6-55(a) Entry of default.
15-6-55(b) Default judgment.
15-6-55(c) Setting aside default.
15-6-55(d) Plaintiffs, counterclaimants and cross-claimants entitled to default.
15-6-56 15-6-56. Summary judgment
15-6-56(a) Summary judgment for claimant.
15-6-56(b) Summary judgment for defending party.
15-6-56(c) Motion for summary judgment and proceedings thereon.
15-6-56(d) Case not fully adjudicated on motion for summary judgment.
15-6-56(e) Form of affidavits for summary judgment--Further testimony--Defense required.
15-6-56(f) Opposing summary judgment when affidavits are unavailable.
15-6-56(g) Summary judgment affidavits made in bad faith.
15-6-57 Declaratory judgments.
15-6-58 Entry of judgment and orders--Effective date.
15-6-59 15-6-59. New trials--Amendment of judgments
15-6-59(a) Grounds for new trial.
15-6-59(b) Time for motion for new trial--Rulings thereon--Extension of time.
15-6-59(c) Hearing and answering affidavits on motion for new trial.
15-6-59(d) New trial on initiative of court.
15-6-59(e) Procedure upon hearing of motion for new trial.
15-6-59(f) Motion for new trial not required as foundation for appeal in certain cases.
15-6-59(g) Order granting new trial must show grounds upon which based.
15-6-60 15-6-60. Relief from judgment or order
15-6-60(a) Relief from clerical mistakes.
15-6-60(b) Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discovered evidence--Fraud.
15-6-61 Harmless Error.
15-6-62 15-6-62. Stay of proceedings to enforce a judgment
15-6-62(a) Automatic stay of execution--Exceptions--Injunctions and receiverships.
15-6-62(b) Stay of execution on motion for new trial or for judgment.
15-6-62(c) Injunction pending appeal.
15-6-62(d) Stay upon appeal.
15-6-62(e) Stay in favor of the state or agency thereof.
15-6-62(f) Power of Supreme Court not limited.
15-6-62(g) Stay of judgment as to multiple claims or multiple parties.
15-6-63 Disability of a judge.
15-6-64 Seizure of person or property.
15-6-65 15-6-65. Injunctions and restraining orders
15-6-65(a) Preliminary injunction.
15-6-65(b) Temporary restraining order without notice.
15-6-65(c) Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages.
15-6-65(d) Contents of order--Parties bound.
15-6-66 Receivers.
15-6-67 15-6-67. Deposit in court
15-6-67(a) Deposit in an action.
15-6-67(b) Deposit in court by substitution.
15-6-67(c) Deposit in court when no action is brought.
15-6-67(d) Court may order deposit or seizure of property.
15-6-67(e) Voluntary partial payment as credit against judgment.
15-6-68 Offer of Judgment.
15-6-69 Execution.
15-6-70 Judgment for specific acts--Vesting title.
15-6-71 Process in behalf of and against persons not parties.
15-6-72 Expedited civil actions--General provisions.
15-6-72.1 Local intergovernmental actions--Expedited action--Alternative dispute resolution.
15-6-72.2 Definition--Local government body.
15-6-73 Discovery in expedited civil actions.
15-6-74 Motions.
15-6-75 Procedure for expedited trials.
15-6-76 Settlement conference--Alternative dispute resolution.
15-6-76.1 Claim preclusion--Issue preclusion.
15-6-77 15-6-77. Courts of record and clerks
15-6-77(a) Trial courts of record always open.
15-6-77(b) Trials and hearings--Orders in chambers.
15-6-77(c) Clerk's office and orders by clerk.
15-6-78 15-6-78, 15-6-79. Reserved
15-6-80 Stenographic report or transcript as evidence.
15-6-81 15-6-81. Applicability
15-6-81(a) Procedure preserved.
15-6-81(b) 15-6-81(b). Omitted
15-6-81(c) Appeals to circuit courts.
15-6-81(d) Chapter incorporated into statutes.
15-6-82 Jurisdiction and venue.
15-6-83 Rules by courts of record.
15-6-84 Forms.
15-6-85 Title.
15-6-86 Effective date.
15-6-A SPECIAL PROCEEDINGS (See § 15-6-81(a))
15-6-B CIRCUIT COURT RULES (See § 15-6-83)
15-6-C APPENDIX OF FORMS (See § 15-6-84)
APPENDIX B. CIRCUIT COURT RULES (See § 15-6-83)
Following are rules of practice adopted by circuit courts which have been filed with and approved by the Supreme Court.
SECOND JUDICIAL CIRCUIT CIVIL RULES
CIV ONE. Repealed by Supreme Court Order eff. Aug. 5, 2010.
CIV TWO. FILING OF PLEADINGS. Repealed
Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CIV THREE. Repealed by SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998.
CIV FOUR. LIBRARY. Repealed
Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CIV FIVE. DRESS CODE. Repealed
Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CIV SIX. DISPENSING POWER. Repealed
Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CIV SEVEN. SIGNING OF SUMMONS IN JUVENILE PROCEDURES. Repealed
Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.
CIV EIGHT. COURT APPOINTED ATTORNEYS. Repealed
Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; Supreme Court Order eff. Aug. 5, 2010; repealed (Supreme Court Order), eff. December 6, 2019.
CIV NINE. UNCONTESTED MOTIONS. Repealed
Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.
CIV TEN. BRIEF TO BE FILED WITH MOTION. Repealed
Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.
CIV ELEVEN. Repealed by Supreme Court Order eff. Aug. 5, 2010.
SIXTH JUDICIAL CIRCUIT
Rule 1. Notice of hearing.
In addition to the time and date set for hearing, the notice of hearing on any motion (except any motion where less than eleven days notice is given) may state the last date upon which an objection, resistance or response (requiring a hearing) shall be filed and served on parties in interest, which date shall be at least three business days in advance of the date set for hearing. The notice of hearing shall also state that if no objection, resistance or response is timely filed and served, the movant need not appear at the hearing and the court may grant the relief requested without further hearing.
Source: Sixth Circuit Rule 95-1.
Rule 2. Length of briefs.
(a)Monospaced typeface. The Appellant's or Movant's brief shall not exceed forty pages. The Appellee's or Respondent's responsive brief shall not exceed forty pages. Any reply brief submitted in the discretion of the Appellant or Movant shall not exceed twenty pages. All briefs submitted for consideration shall comply with the formatting requirements in Supreme Court Rule 13-06. No additional briefs may be submitted without prior permission of the judge assigned to the case.
(b)Proportionally spaced typeface. The Appellant's or Movant's brief shall not exceed thirty-two pages. The Appellee's or Respondent's responsive brief shall not exceed thirty-two pages. Any reply brief submitted in the discretion of the Appellant or Movant shall not exceed sixteen pages. All briefs submitted for consideration shall comply with the formatting requirements of Supreme Court Rule 13-06. No additional briefs may be submitted without prior permission of the judge assigned to the case.
(c)Upon approval of the judge assigned to the case, page or word limitations for briefs may be exceeded. A written request for such approval to exceed limitations shall be filed at least ten days prior to the submission date of the brief, specifying in detail the reasons why additions are necessary and stating the number of additional pages or words requested.
Source: Approved by the Supreme Court May 14, 2013.
SEVENTH JUDICIAL CIRCUIT
PRE-TRIAL CONFERENCE CHECK LIST
A pre-trial conference check list shall be prepared by counsel for each party and furnished to the Court and opposing counsel at least two business days prior to the date set for the first pre-trial conference. Said check list shall be in substantially the following form: (Material in parentheses is merely explanatory and is not a part of the form).
STATE OF SOUTH DAKOTA ) SS IN CIRCUIT COURT
COUNTY OF _____________ ) ________ JUDICIAL CIRCUIT
(CAPTION) ) File No. ________
PRE-TRIAL CONFERENCE CHECK LIST
1. Issues remaining for trial: (Set forth the issues joined by the pleadings which have not been disposed of by pre-trial motion or agreement of the parties).
2. Fact summary: (Set forth a summary of the facts the party believes will be proven by the evidence).
3. Uncontroverted and stipulated facts: (Set forth uncontroverted and agreed upon facts, if any, and any which, although not yet agreed upon, could be).
4. Legal questions: (Set forth the legal questions raised by the issues. Either note citations here or attach a pre-trial brief with respect to these questions).
5. Witnesses--Nature of testimony and availability: (List witnesses, state nature of their testimony, whether deposition has been taken or is desired, and availability of witness--notice required, location, any problems involved, etc.)
6. Trial time: (Set forth the estimated time required for trial of the case to the 1/2 day, including impaneling of a jury, if a jury trial).
7. Date certain: (State either "Requested" or "Not Requested." If requested, set forth reason why and dates when counsel, party and witnesses will be ready and available for trial. If not requested, set forth number of days or weeks of advance notice required--if more than one week, explain).
8. Jury instructions: (In jury cases, proposed instructions shall be prepared on the issues by the party having the burden of proof on such an issue. The party bringing the action shall also prepare the general instructions, involving the burden of proof, verdict and other routine matters).
(Where applicable, South Dakota Pattern Instructions shall be used. Proposed instructions shall be prepared in accordance with the provisions of SDCL 15-6-51(a). The source of the instructions shall appear on the copies. The original and one copy shall accompany the original of the pre-trial check list furnished to the Court. Copies shall accompany copies of the check list furnished to opposing counsel).
9. Motions pending: (List motions in pleadings, etc., remaining to be disposed of).
10. Exhibits: (List all exhibits you intend to use at trial).
11. Other: (set forth other matters which you feel should be discussed at the pre-trial conference).
Dated this __________ day of ________________ , 20 ____ .
Attorney for: _________________________________________________
Address: ____________________________________________________
Phone: ______________________________________________________
Source: SL 1990, ch 444 (Supreme Court Order dated April 7, 1989).
APPENDIX C. APPENDIX OF FORMS (See § 15-6-84)
INTRODUCTORY STATEMENT
1. The following forms are intended for illustration only. They are limited in number. No attempt is made to furnish a manual of forms. Each form assumes the action to be brought in the Second Judicial Circuit Court in Minnehaha County, South Dakota.
2. Except where otherwise indicated each pleading, motion, and other paper should have a caption similar to that of the summons (Form 1), with the designation of the particular papers substituted for the word "Summons." In the caption of the summons and in the caption of the complaint all parties must be named but in other pleadings and papers, it is sufficient to state the name of the first party on either side, with an appropriate indication of other parties. See §§ 15-6-4(a), 15-6-7(b)(2), and 15-6-10(a).
3. Each pleading, motion, and other paper is to be signed in his individual name by at least one attorney of record (§ 15-6-11). The attorney's name is to be followed by his address as indicated in Form 2. In forms following Form 2 the signature and address are not indicated.
4. If a party is not represented by an attorney, the signature and address of the party are required in place of those of the attorney.
Form 1. Summons
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs. SUMMONS
C.D., Defendant
To the Above-Named Defendant:
You are hereby summoned and required to serve upon _____, plaintiff's attorney, whose address is _____, an answer to the complaint which (is herewith served upon you) 1 ((will be) 2 (was on the _____ day of _____, 20__) 3 filed in the office of the clerk of the Circuit Court of the Second Judicial Circuit at Sioux Falls in and for the County of Minnehaha, State of South Dakota,) within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
(This action involves, affects, or brings in question real property situated in the County of Minnehaha, State of South Dakota, described as follows: 4
The object of the above entitled action is _____ 5
(The plaintiff makes no personal claim against you in the action) 6
(This summons shall be served on (or before) the _____ day of _____, 20__) 7
__________ Attorney for Plaintiff 8
This summons, in the language of the first paragraph, with included variations, is issued pursuant to § 15-6-4. For the form of summons in actions DETERMINING ADVERSE CLAIMS TO REAL ESTATE SEE § 21-41-7. Reference should be had in all instances to statutory provisions relating to a particular remedy or proceeding.
Source: SD RCP, Form 1.
1 Use when complaint is served with summons.
2 Use where summons is not served and is to be filed.
3 Use where service by publication requires statement of date and place of filing. (§ 15-9-18)
4 Description of real estate required pursuant to § 21-45-5 where service is by publication in action for PARTITION OF REAL ESTATE. A description of the JUDGMENT is required in a summons to show cause in SUPPLEMENTARY JUDGMENT PROCEEDINGS against joint debtors. (§§ 15-8-1 to 15-8-6, inclusive.)
5 For contents of summons: CONDEMNATION § 21-35-9; ESCHEATS § 21-36-9.
6 For use when no personal claim is asked. See § 15-9-6.
7 Section 15-6-4(c) provides for endorsement fixing time for service.
8 State's attorney commencing civil action on behalf of county note requirement for the endorsement by the judge of the circuit court pursuant to § 7-19-1.
Form 2. Complaint on a promissory note
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs. COMPLAINT
C.D. AND E.F., Defendants
1. Defendant on or about June 1, 1955, executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant promised to pay to plaintiff or order on June 1, 1956 the sum of _____ dollars with interest thereon at the rate of six percent per annum).
2. Defendant owes to plaintiff the amount of said note and interest.
Wherefore plaintiff demands judgment against the defendant for the sum of _____ dollars, interest and costs.
Signed: _______________________________________________________________
Attorney for Plaintiff
Address: ______________________________________________________________
Note:
The pleader may use the material in one of the three sets of brackets. His choice will depend upon whether he desires to plead the document verbatim, or by exhibit, or according to its legal effect.
Under this chapter free joinder of claims is permitted. See §§ 15-6-8(e) and 15-6-18. Consequently, the claims set forth in each and all of the following forms may be joined with the complaint or with each other. Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular this chapter permits alternative and inconsistent pleading. See Form 11.
Source: SD RCP, Form 2.
Form 3. Complaint on an account
1. Defendant owes plaintiff _____ dollars according to the account hereto annexed as Exhibit A.
Wherefore (etc. as in Form 2).
Source: SD RCP, Form 3.
Form 4. Complaint for goods sold and delivered
1. Defendant owes plaintiff _____ dollars for goods sold and delivered by plaintiff to defendant between June 1, 1956, and December 1, 1956.
Wherefore (etc. as in Form 2).
Note:
This form may be used where the action is for an agreed price or for the reasonable value of the goods.
Source: SD RCP, Form 4.
Form 5. Complaint for money lent
1. Defendant owes plaintiff _____ dollars for money lent by plaintiff to defendant on June 1, 1956.
Wherefore (etc. as in Form 2).
Source: SD RCP, Form 5.
Form 6. Complaint for money paid by mistake
1. Defendant owes plaintiff _____ dollars for money paid by plaintiff to defendant by mistake on June 1, 1956, under the following circumstances: (here state the circumstances with particularity--see § 15-6-9(b)).
Wherefore (etc. as in Form 2).
Source: SD RCP, Form 6.
Form 7. Complaint for money had and received
1. Defendant owes plaintiff _____ dollars for money had and received from one G.H. on June 1, 1956, to be paid by defendant to plaintiff.
Wherefore (etc. as in Form 2).
Source: SD RCP, Form 7.
Form 8. Complaint for negligence
1. On June 1, 1956, in a public highway called Phillips Avenue in Sioux Falls, South Dakota, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.
2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.
Wherefore plaintiff demands judgment against defendant in an amount to be determined by the trier of fact.
Note:
Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff.
Source: SD RCP, Form 8; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023.
Form 9. Complaint for negligence where plaintiff is unable to determine definitely whether the person responsible is C.D. or E.F. or whether both are responsible
A.B., Plaintiff
vs. COMPLAINT
C.D. and E.F., Defendants
1. On June 1, 1956, in a public highway called Phillips Avenue in Sioux Falls, South Dakota, defendant, C.D. or defendant E.F., or both defendants, C.D. and E.F. negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway.
2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.
Wherefore plaintiff demands judgment against C.D. or against E.F. or against both in the sum of _____ dollars and costs.
Source: SD RCP, Form 9; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023.
Form 10. Complaint for conversion
1. On or about December 1, 1956, defendant converted to his own use ten bonds of the _____ company (here insert brief identification as by number and issue) of the value of _____ dollars, the property of plaintiff.
Wherefore plaintiff demands judgment against defendant in the sum of _____ dollars, interest and costs.
Source: SD RCP, Form 10.
Form 11. Complaint for specific performance of contract to convey land
1. On or about December 1, 1956, plaintiff and defendant entered into an agreement in writing a copy of which is hereto annexed as Exhibit A.
2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.
3. Plaintiff now offers to pay the purchase price.
Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of _____ dollars.
Note:
Here, as in Form 2, plaintiff may set forth the contract verbatim in the complaint or plead it, as indicated, by exhibit, or plead it according to its legal effect. Plaintiff may seek legal or equitable relief or both under this chapter.
Source: SD RCP, Form 11.
Form 12. Complaint on claim for debt and to set aside fraudulent conveyance under § 15-6-18(b)
A.B., Plaintiff
vs. COMPLAINT
C.D. and E.F., Defendants
1. Defendant C.D. on or about _____ executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant C.D. promised to pay to plaintiff or order on _____ the sum of five thousand dollars with interest thereon at the rate of _____ percent per annum).
2. Defendant C.D. owes to plaintiff the amount of said note and interest.
3. Defendant C.D. on or about _____ conveyed all of his property, real and personal (or specify and describe) to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.
Wherefore plaintiff demands:
(1) That plaintiff have judgment against defendant C.D. for _____ dollars and interest; (2) that the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs.
Source: SD RCP, Form 12.
Form 13. Complaint for interpleader and declaratory relief
1. On or about June 1, 1956, plaintiff issued to G.H. a policy of life insurance whereby plaintiff promised to pay to K.L. as beneficiary the sum of _____ dollars upon the death of G.H. The policy required the payment by G.H. of a stipulated premium on June 1, 1956, and annually thereafter as a condition precedent to its continuance in force.
2. No part of the premium due June 1, 1956, was ever paid and the policy ceased to have any force or effect on July 1, 1956.
3. Thereafter, on September 1, 1956, G.H. and K.L. died as the result of a collision between a locomotive and the automobile in which G.H. and K.L. were riding.
4. Defendant C.D. is the duly appointed and acting personal representative of the will of G.H.; defendant E.F. is the duly appointed and acting personal representative of the will of K.L.; defendant X.Y. claims to have been duly designated as beneficiary of said policy in place of K.L.
5. Each of defendants, C.D., E.F., and X.Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G.H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.
6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G.H.
Wherefore plaintiff demands that the court adjudge:
(1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.
(2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.
(3) That, if the court shall determine that said policy was in force at the death of G.H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.
(4) That plaintiff recover its costs.
Source: SD RCP, Form 13.
Form 14. Motion to dismiss, presenting defenses of failure to state a claim, of lack of service of process, and of lack of jurisdiction under § 15-6-12(b)
The defendant moves the court as follows:
1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the state of South Dakota, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B respectively.
Signed: _______________________________________________________________
Attorney for Defendant
Address: _____________________________________________________________
Source: SD RCP, Form 14; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023.
Form 15. Answer presenting defenses under § 15-6-12(b)
First Defense
The complaint fails to state a claim against defendant upon which relief can be granted.
Second Defense
If defendant is indebted to plaintiff for goods mentioned in the complaint, he is indebted to them jointly with G.H. G.H. is alive; is a citizen of the state of South Dakota, is subject to the jurisdiction of the court and has not been made a party.
Third Defense
Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.
Fourth Defense
The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.
Counterclaim
(Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in the complaint.)
Cross-Claim Against Defendant M.N.
(Here set forth the claim constituting a cross-claim against defendant M.N. in the manner in which a claim is pleaded in a complaint.)
Note:
The above form contains examples of certain defenses provided for in § 15-6-12(b). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss.
The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under §§ 15-6-19 and 15-6-21 for the citing in of the party rather than an abatement of the action.
The third defense is an answer on the merits.
The fourth defense is one of the affirmative defenses provided for in § 15-6-8(c).
The answer also includes a counterclaim and a cross-claim.
Source: SD RCP, Form 15.
Form 16. Answer to complaint set forth in Form 7, with counterclaim for interpleader
Defense
Defendant admits the allegations stated in paragraph 1 of the complaint; and denies the allegations stated in paragraph 2 to the extent set forth in the counterclaim herein.
Counterclaim for Interpleader
1. Defendant received the sum of _____ dollars as a deposit from E.F.
2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E.F.
3. E.F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.
Wherefore defendant demands:
1. That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim.
2. That the court order the plaintiff and E.F. to interplead their respective claims.
3. That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.
4. That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.
5. That the court award to the defendant its costs and attorney's fees.
Source: SD RCP, Form 16.
Form 17. Motion to bring in third-party defendant
Defendant moves for leave to make E.F. a party to this action and that there be served upon him summons and third-party complaint as set forth in Exhibit A hereto attached.
Signed: ______________________________________________________________
Attorney for Defendant C.D.
Address: ________________________________
Source: SD RCP, Form 17; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023.
Form 18. Summons and complaint against third-party defendant
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs.
C.D., Defendant and Third-Party SUMMONS
Plaintiff
vs.
E.F., Third-Party Defendant
To the above-named Third-Party Defendant:
You are hereby summoned and required to serve upon ________, plaintiff's attorney whose address is ________, and upon ________, who is attorney for C.D., defendant and third-party plaintiff, and whose address is ________, an answer to the third-party complaint which is herewith served upon you within 30 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer.
____________________________
Attorney for C.D.
Third-Party Plaintiff
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs. THIRD-PARTY
C.D., Defendant and Third-Party COMPLAINT
Plaintiff
vs.
E.F., Third-Party Defendant
1. Plaintiff A.B. has filed against defendant C.D. a complaint, a copy of which is hereto attached as "Exhibit A."
2. (Here state the grounds upon which C.D. is entitled to recover from E.F., all or part of what A.B. may recover from C.D. The statement should be framed as in an original complaint.)
Wherefore C.D. demands judgment against third-party defendant E.F. for all sums that may be adjudged against defendant C.D. in favor of plaintiff A.B.
Signed: ________________________________
Attorney for C.D.
Third-Party Plaintiff
Address: ________________________________
Note:
Under § 15-6-14(a) a defendant who files a third-party complaint not later than 10 days after serving his original answer need not obtain leave of court to bring in the third-party defendant by service under § 15-6-4. Form 18 is intended for use in these cases.
Under § 15-6-5(a) requiring, with certain exceptions, that papers be served upon all the parties to the action, the third-party defendant, even if he makes no answer to the plaintiff's complaint, is obliged to serve upon the plaintiff a copy of his answer to the third-party complaint. Similarly, the defendant is obliged to serve upon the plaintiff a copy of the summons and complaint against the third-party defendant.
Source: SD RCP, Form 18.
Form 19. Notice of Hearing
To: [adverse party] and [his/her/its] attorney[s], [attorney’s[s’] address]:
PLEASE TAKE NOTICE that [moving party]’s [name of motion] will be brought on for hearing before the Honorable [name of judge], Circuit Court Judge, in the [name of County] County Courthouse, [City], South Dakota, on the _____ day of _________, ____, at ____ _.m., or as soon thereafter as counsel can be heard.
Source: SD RCP, Form 19; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023.
Form 20. Motion to intervene as a defendant under § 15-6-24
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs. MOTION TO INTERVENE
C.D., Defendant AS A DEFENDANT
E.F., Inc., Applicant for
Intervention
E.F., Inc., moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in its proposed answer, of which a copy is hereto attached, on the ground that it is the manufacturer and vendor to the defendant of the automobile described in plaintiff's complaint, the brakes of which are alleged to have been defectively manufactured; and as such, if the allegations of plaintiff's complaint be true, would be the one ultimately liable to the plaintiff, and as such has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action.
Signed: _______________________________________________________________
Attorney for E.F., Inc.,
Applicant for Intervention
Address: ________________________________
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs. INTERVENER'S ANSWER
C.D., Defendant
E.F., Inc., Intervener
First Defense
Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert that the brakes of the automobile described in plaintiff's complaint were defectively manufactured.
Second Defense
Plaintiff was guilty of contributory negligence which proximately caused or contributed to the accident and to the personal injuries which he sustained therein, if any, in that he drove said automobile at a high rate of speed in a negligent and careless manner after the discovery of the defective condition of the brakes which contributory negligence on the part of the plaintiff was greatly more than slight in comparison to the negligence, if any, of this intervener.
Signed: _______________________________________________________________
Attorney for E.F., Inc.,
Intervener
Address: ______________________________________________________________
Note:
Under § the motion to intervene must be served upon all parties as provided in § 15-6-5.
Source: SD RCP, Form 20.
Form 21.Motion to Compel under § 37.
[Movant], pursuant to SDCL 15-6-37(a), respectfully moves the Court for an order compelling [opposing party] to [specific relief sought]. The Court should enter the requested order because:
1. The discovery was properly served;
2. [Opposing party] has failed to respond to the discovery;
3. Counsel for [movant] certifies that he has, in good faith, conferred or attempted to confer with [opposing party] in an effort to secure the information or material without court action;
all as set forth in the accompanying Brief in Support of [movant]’s Motion to Compel Discovery.
Attach the following certification:
Certification of Good Faith Efforts to Resolve
Counsel for [movant] hereby certifies, pursuant to SDCL 15-6-37(a)(2), that counsel attempted, in good faith, to resolve this discovery dispute without involving the Court.
On [date], the undersigned communicated to [opposing party] that [opposing party’s] responses to outstanding discovery requests were inadequate because [explain what you believe you are entitled to.]
[list each successive communication, including:
a. who participated,
b. the date, and, if relevant, the time of each communication, and
c. the manner of each communication.]
Summarize the outcome of these communications, identifying the substantive dispute that has stalemated the parties’ discussions, and which the Court must resolve.
Source: SD RCP, Form 21; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023.
Form 22. Request for admission under § 15-6-36
Plaintiff A.B. requests defendant C.D. within _____ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial:
1. That each of the following documents, exhibited with this request, is genuine.
(Here list the documents and describe each document.)
2. That each of the following statements is true.
(Here list the statements.)
Signed: _______________________________________________________________
Attorney for Plaintiff
Address: ______________________________________________________________
Source: SD RCP, Form 22
Form 23. Allegation of reason for omitting party
When it is necessary, under § 15-6-19(c), for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below:
John Doe named in this complaint is not made a party to this action (because he is not subject to the jurisdiction of the court); (or for reasons stated).
Source: SD RCP, Form 23.
Form 24. Suggestion of death upon the record under § 15-6-25(a)(1)
A.B. (describe as a party, or as personal representative, or other representative or successor of C.D., the deceased party) suggests upon the record, pursuant to § 15-6-25(a)(1), the death of C.D. (describe as party) during the pendency of this action.
Source: SD RCP, Form 24.
Form 25. Judgment on jury verdict
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs. JUDGMENT
C.D., Defendant
This action came on for trial before the Court and a jury, Honorable John Marshall, Circuit Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict,
It is Ordered and Adjudged
(that the plaintiff A.B. recover of the defendant C.D. the sum of _____, with interest thereon at the rate of _____ percent as provided by law, and his costs of action in the sum of _____.)
(that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C.D. recover of the plaintiff A.B. his costs of action in the sum of _____.)
Dated at Sioux Falls, South Dakota, this _____ day of _____, 20__.
BY THE COURT:
Judge
ATTEST:
______________________________
Clerk of Courts
Note:
1. This form is illustrative of the judgment to be entered upon the general verdict of a jury. It deals with the cases where there is a general jury verdict awarding the plaintiff money damages or finding for the defendant but is adaptable to other situations of jury verdicts. See § 15-6-58.
2. The Rules contemplate a simple judgment promptly entered. See § 15-6-54(a). Every judgment shall be set forth on a separate document. See § 15-6-58.
Source: SD RCP, Form 25.
Form 26. Judgment on decision by the court
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B., Plaintiff
vs. JUDGMENT
C.D., Defendant
This action came on for (trial) (hearing) before the Court, Honorable John Marshall, Circuit Judge, presiding, and the issues having been duly (tried) (heard) and a decision having been duly rendered.
It is Ordered and Adjudged
(that the plaintiff A.B. recover of the defendant C.D. the sum of _____, with interest thereon at the rate of _____ percent as provided by law, and his costs of action in the sum of _____.)
(that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C.D. recover of the plaintiff A.B. his costs of action in the sum of _____.)
Dated at Sioux Falls, South Dakota, this _____ day of _____, 20__.
BY THE COURT:
Judge
ATTEST:
______________________________
Clerk of Courts
Note:
1. This form is illustrative of the judgment to be entered upon a decision of the court. It deals with the cases of decisions by the court awarding a party only money damages or costs, but is adaptable to other decisions by the court. See § 15-6-58.
2. See also paragraph 2 of the Note to Form 25.
Source: SD RCP, Form 26.
Form 27. Expedited civil action certification
STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
: SS
COUNTY OF __________ ) ________________ JUDICIAL CIRCUIT
__________, Civ. __________
Plaintiff,
v. EXPEDITED CIVIL ACTION CERTIFICATION
__________,
Defendant.
Plaintiff, ________________________________________, together with Plaintiff's attorney,
Name of Plaintiff
________________________________________, elect to bring this lawsuit as an Expedited
Name of attorney
Civil Action under article IX of the Rules of Civil Procedure.
Plaintiff certifies that the sole relief sought is a money judgment and that all claims (other than compulsory counterclaims) for all damages by or against any one party total $75, 000 or less, including damages of any kind, penalties, and attorneys' fees, but excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and costs.
Plaintiff certifies the following:
1. I am a plaintiff in this action.
2. If I am represented by an attorney, I have conferred with my attorney about using the Expedited Civil Action procedures available to parties in the State of South Dakota.
3. I understand that by electing to proceed under Expedited Civil Action procedures, the total amount of my recovery will not exceed $75, 000, excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and court costs. Additionally, no single defendant can be liable for more than $75,000 to all plaintiffs combined, excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and court costs.
4. I understand that if a jury were to award more than $75, 000 as damages to me, or if a jury were to award more than $75, 000 in total against a single defendant, the trial judge would reduce the amount of the judgment to $75, 000, plus any applicable interest and court costs to which I may be entitled.
With this knowledge, I agree to proceed under the Expedited Civil Action procedures.
Dated this __________ day of __________, 20 __________.
__________
Plaintiff
Oath and Signatures
I, ______________________________, certify under penalty of perjury and pursuant to the
Print Plaintiff's Name
laws of the State of South Dakota that the preceding is true and correct.
______________ ______, 20__________,
Month Day Year
_____________________________ ____________________________________________
Handwritten signature of Plaintiff Full name of Plaintiff; first, middle, last
____________________________________________
Plaintiff's attorney's name, if applicable
____________________________________________
Signature of attorney, if applicable
____________________________________________
Law firm, if applicable
____________________________________________
Mailing address of attorney (or Plaintiff if unrepresented)
______________________________________________
Telephone number of attorney (or Plaintiff if unrepresented)
_____________________________________________
Email address of attorney (or Plaintiff if unrepresented)
_____________________________________________
Additional email address, if available
Source: SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
Form 28. Joint motion to proceed as expedited civil action
STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
: SS
COUNTY OF __________ ) ________________ JUDICIAL CIRCUIT
__________, Civ. __________
Plaintiff,
v. JOINT MOTION TO PROCEED AS EXPEDITED CIVIL ACTION
__________,
Defendant.
1. Pursuant to Supreme Court Rule 15-16 (article IX of the Rules of Civil Procedure), the parties hereby move upon stipulation that this action proceed as an Expedited Civil Action.
2. All parties agree to this motion.
3. If the court grants this joint motion, the parties acknowledge and agree that this case will be subject to the Expedited Civil Action rule, except for the limitations on damages as provided in 6-72(6).
Status of Trial Scheduling Order and Discovery Plan: Check one
G The parties have already filed a Trial Scheduling and Discovery Plan. This case has a current trial date of __________. The parties wish to retain that trial date.
G The parties will be filing a Trial Scheduling and Discovery Plan in an Expedited Civil Action case.
I certify that all parties and attorneys to this action have agreed to this Joint Motion and have been served with a copy.
__________ __________, 20 __________,
Month Day Year
_________________________________________
Party's or attorney's signature
_________________________________________
Plaintiff's attorney's name, if applicable
_________________________________________
Signature of attorney, if applicable
_________________________________________
Law firm, if applicable
__________________________________________
Mailing address of attorney (or Plaintiff if unrepresented)
____________________________________________
Telephone number of attorney (or Plaintiff if unrepresented)
____________________________________________
Email address of attorney (or Plaintiff if unrepresented)
_____________________________________________
Additional email address, if available
Source: SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
15-7-1
Persons, organizations, and entities subject to general jurisdiction provisions.
15-7-2
Acts within the state subjecting persons to jurisdiction of the courts.
15-7-3
Service of process outside the state.
15-7-4
Retroactive application of general jurisdiction provisions.
15-7-5
Severability of general jurisdiction provisions.
15-7-6
Motor vehicle operation deemed appointment of secretary of state as agent to receive
process--Binding on personal representative--Agreement as to legal force of process
served.
15-7-7
Service on secretary of state for nonresident motorist--Fee--Notice mailed to
defendant--Record of process served.
15-7-8
Continuance of action to permit defense by motorist served through secretary of state.
15-7-9
Aircraft operation in state as appointment of agent to receive process--Agreement as
to force of process served on agent.
15-7-10
Service on secretary of transportation for nonresident or absent aircraft operator--Fee--Forwarding to defendant--Service without the state--Time for appearance by
defendant--Record of process served.
15-7-11
Proof of service on nonresident or absent aircraft operator.
15-7-12
Continuance of action to permit defense by nonresident or absent aircraft operator.
15-7-13
Hunting in state by nonresident as appointment of agent to receive process--Agreement as to force of process served.
15-7-14
Service of process on secretary of state for nonresident hunter--Fee--Mailing to
defendant--Personal service outside state--Time for appearance by defendant--Record
of process served.
15-7-15
Proof of service on nonresident hunter.
15-7-16
Continuance of action to permit defense by nonresident hunter.
15-7-17
Consent to jurisdiction by persons selling property or services to residents--Service.
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.
15-9-1
Security for costs required of nonresident plaintiff.
15-9-2
Resident required as surety--Corporate bond--Deposit of cash.
15-9-3
Form and extent of surety's obligation for costs.
15-9-4
Dismissal of action for failure to give security for costs.
15-9-5
Motion for additional security for costs--Dismissal on failure to give additional
security.
15-9-6
Endorsement of summons when no personal claim made against defendant--Costs not
taxed--Plaintiff's liability for costs on failure to serve notice.
15-9-7
Service by publication when defendant not found in state.
15-9-8
Service by publication in actions for divorce, annulment, child custody, and paternity.
15-9-8.1
Service by publication in adoption proceedings.
15-9-9
Service by publication in actions involving property within state.
15-9-10
Service by publication in lien foreclosure actions.
15-9-11
Service by publication on domestic corporation without known place of business or
agent.
15-9-12
Service by publication on foreign corporation with property in jurisdiction of court.
15-9-13
Service by publication on absconding resident defendant.
15-9-14
Service by publication on nonresident with property in jurisdiction of court.
15-9-15
Service by publication on unknown parties.
15-9-16
Search within state not required for service of publication on nonresident.
15-9-17
Newspaper in which service by publication made--Number of publications.
15-9-18
Filing of complaint stated in publication of summons--Publication of complaint not
required.
15-9-19
Mailing of summons and complaint to defendant served by publication.
15-9-20
Personal service without state in lieu of service by publication--Admission of service.
15-9-21
Time of completion of service by publication or personal service in lieu of
publication--Commencement of time for filing answer.
15-9-22
Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.
15-9-23
Action by assignee subject to setoff or defense--Negotiable instruments excepted.
15-10-1
Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
15-10-2
Action pending from time of notice--Time allowed for service of summons.
15-10-3
Constructive notice from filing of notice--Subsequent purchasers and encumbrancers
bound.
15-10-4
Discharge of notice of pendency of action--Contents, acknowledgment and recording.
15-10-5
Repealed.
15-10-6
Expungement of notice of pendency upon motion therefor--Showing necessary to defeat
motion.
15-10-7
Expungement of notice of pendency upon motion therefor--Undertaking.
15-10-8
Expungement of notice of pendency--Notice of motion--Proof considered.
15-10-9
Expungement of notice of pendency--Effect.
15-10-10
Expungement of notice of pendency--Costs on grant or denial of motion.
15-10-11
Expungement provisions, liability unaffected by.
15-11-1
Trial calendar.
15-11-2
Repealed.
15-11-3
Designation of days for trial of issues of law.
15-11-4
Postponement of trial or hearing.
15-11-5
Postponement during legislative session when legislator is party or attorney--Notice of
intention to apply.
15-11-6
Time for application for continuance--Written motion and affidavit required--Hearing.
15-11-7
Affidavit to support continuance on absence of witness--Contents.
15-11-8
Counteraffidavits on application for continuance.
15-11-9
Admission of testimony to avoid continuance--Reading of testimony.
15-11-10
Terms imposed on continuance or postponement.
15-11-10.1
Continuance by stipulation of all parties.
15-11-11
Dismissal for want of prosecution.
CHAPTER 15-12
CHANGE OF CIRCUIT JUDGE OR MAGISTRATE
15-12-1 15-12-1 to 15-12-18. Superseded
15-12-19 Settlement of record after resignation or expiration of term of judge.
15-12-20 Definition of terms.
15-12-21 Actions in which affidavits for change of judge may be filed.
15-12-21.1 Informal request for disqualification.
15-12-22 Who may file affidavit--Effect of filing.
15-12-23 Parties united in interest--Necessity of unity--Effect of one party filing.
15-12-24 Waiver of right by submitting to jurisdiction.
15-12-25 Restriction to one change--Other parties' rights preserved.
15-12-26 Form and content of affidavits.
15-12-27 Time for filing affidavit against judge or magistrate presiding in ordinary course.
15-12-28 Time for filing after unanticipated change of judge or magistrate.
15-12-29 Late appointment or employment of counsel--Extending time for filing.
15-12-30 Filing of affidavit-Copies.
15-12-31 Copies of affidavit served on adverse parties--Liability for failure to serve.
15-12-32 Review of affidavit--Designation of substitute judge or magistrate.
15-12-33 Transmittal of copies of order to substitute judge or magistrate and counsel.
15-12-34 Disqualification of all judges in circuit--Certification to Supreme Court.
15-12-35 Assignment of substitute judge by Chief Justice.
15-12-36 Jurisdiction of substituted judge or magistrate.
15-12-37 Disqualification on court's own motion.
15-13-1
Purposes for which reference made on agreement of parties.
15-13-2
Purposes for which reference made without agreement of parties.
15-13-3
Shorthand reporter--Appointment, qualifications and duties.
15-13-4
Fees, expense, and compensation of shorthand reporter.
15-14-1
Order of proceedings at trial.
15-14-2
Order of presentation of evidence and argument by different counsel.
15-14-3
Names of jurors deposited in suitable container.
15-14-4
Procedure for challenging jury panel.
15-14-5
Drawing of names from container.
15-14-6
Repealed.
15-14-6.1
Challenges for cause in a civil case.
15-14-7
Challenge of individual jurors--Number of peremptory challenges--Alternating by parties.
15-14-8
Challenges when several parties on one side.
15-14-9
Trial of jury challenges for cause--Witnesses.
15-14-10
Procedure for peremptory challenges--Replacement of jurors challenged.
15-14-10.1
Choosing alternate jurors.
15-14-10.2
Number of prospective jurors.
15-14-10.3
Selection of prospective jurors.
15-14-10.4
Determining manner of exercising peremptory challenge.
15-14-10.5
Exercise of peremptory challenge.
15-14-11
Oath of jurors--Affirmation.
15-14-12
Admonitions by court on separation of jury.
15-14-13
Discharge of juror unable to proceed with trial--Proceedings after discharge.
15-14-14
Stenographic report of opening statements not required.
15-14-15
One counsel on each side to examine witness.
15-14-16
View of premises by jury.
15-14-17
Number of counsel and time allowed for argument to jury.
15-14-18
Scope of argument to jury--Argument on law.
15-14-19
Retirement of jury for deliberation.
15-14-20
Papers, exhibits, and notes taken into jury room.
15-14-21
Communications to and from jury during deliberations.
15-14-22
Other business of court during jury deliberations--Case open until jury discharged.
15-14-23
Verdict to include value and damages in action for recovery of personal property.
15-14-24
Sealed verdict directed on agreement during adjournment.
15-14-25
Receipt from jury and reading of verdict--Inquiry--Number of votes required.
15-14-26
Polling of jury--Dissenting votes.
15-14-27
Actions in which five-sixths vote by jury sufficient.
15-14-28
Receipt and reading of verdict when five-sixths vote sufficient--Inquiry--Dissenting votes.
15-14-29
Polling of jury when five-sixths vote sufficient--Dissenting votes.
15-14-30
Correction of irregularities in verdict.
15-14-31
Minute entry on receipt of verdict--Contents.
15-14-32
Jury discharged by final adjournment for term.
15-14-33
New trial after verdict not returned.
CHAPTER 15-15
RECORD AND EXHIBITS
15-15-1 Objections, rulings, proceedings, and remarks to be noted by court reporter.
15-15-2 Clerk or judge to keep minutes in absence of reporter--Computer record.
15-15-3 Exhibits and record evidence marked for identification and filed--Reading of contents or description into trial record.
15-15-4 Sale or destruction of exhibits if not collected when judgment final--Retention of necessary copies--Fee.
15-15-4.1 Return of administrative record to agency of origin when judgment final.
15-15-5 Record on motion for new trial--Contents--Formal settlement not required.
15-15-6 15-15-6. Repealed by SL 1984, ch 12, § 33
15-15-7 Fee for transcript--Exception for indigents.
15-15-7.1 Court reporter transcript fees.
15-15-8 Letter size paper required in all courts.
15-15-9 Content of record.
15-15-10 Temporary sealing of transcript.
15-15-11 Request to prohibit public access to information in transcript--Filing under seal or with redaction of information.
15-15-12 Transcript of voir dire proceeding only available for inspection at courthouse.
CHAPTER 15-15A
UNIFIED JUDICIAL SYSTEM COURT RECORDS RULE
15-15A-1 Purpose of rule of access to court records.
15-15A-2 Who has access to court records under the rule.
15-15A-3 Definition of terms.
15-15A-4 Applicability of rule.
15-15A-5 General access rule.
15-15A-6 Court records that are only publicly available at a court facility.
15-15A-7 Court records excluded from public access.
15-15A-8 Confidential numbers, financial documents, and name of child victim excluded from public access.
15-15A-9 Filing confidential numbers, financial documents, and name of child victim in court record.
15-15A-10 Procedure for requesting access to confidential financial documents.
15-15A-11 Requests for bulk distribution of court records.
15-15A-12 Access to compiled information from court records.
15-15A-13 Requests to prohibit public access to information in court records.
15-15A-14 When court records may be accessed.
15-15A-15 Fees for accessing court records.
15-15A-16 Access to certain court security information.
15-15A-A APPENDIX OF FORMS
15-16-1
Judgment for possession or damages in action for recovery of personal property.
15-16-2
Delivery of possession to purchaser in judgment for sale of real property.
15-16-3
Interest added to money judgment.
15-16-4
Repealed.
15-16-5
Docketing of circuit court money judgment with clerk of courts.
15-16-6
Entry and indexing of judgments in judgment docket--Contents of entries.
15-16-7
Lien of docketed judgment on real property within county--Duration of lien.
15-16-8
Repealed.
15-16-9
Transcript and docketing of magistrate's judgment--Lien on real property--Docketing
in other counties.
15-16-10
Docket entry as to judgment stayed pending appeal--Lien suspended.
15-16-11
Assignment of judgment--Docket entry.
15-16-12
Leave of court required for action on judgment.
15-16-13
Action on magistrate's judgment prohibited within five years--Circumstances under
which action permitted.
15-16-14
Cancellation and discharge of judgment permitted on acknowledgment of
satisfaction.
15-16-15
Cancellation of judgment on return of satisfaction--Docket entry.
15-16-16
Partial satisfaction of judgment--Docket entry and partial discharge of liens.
15-16-17
Release of specific property from judgment lien--Docket entries.
15-16-18
Docket entries on court order discharging or canceling judgment.
15-16-19
Docket entries in other counties on judgment discharged or canceled on original
docket.
15-16-20 to 15-16-27. Repealed.
15-16-28
Docketing of federal court judgments--Effect.
15-16-29
Lien of federal court judgment.
15-16-30
Assignment of federal court judgment--Docket entry.
15-16-31
Discharge and cancellation of federal court judgments--Docket entry.
15-16-32
Setoff of mutual judgments.
15-16-33
Renewal of certain judgments by affidavit--Contents of affidavit.
15-16-34
Filing and docketing of affidavit of renewal--Copy.
15-16-35
Operation as judgment lien--Continuation of lien--Execution.
15-16-36
Incorporation in a judgment of original promissory note or other instrument of debt.
15-16-37
Application for discharge of civil judgment debt discharged in bankruptcy.
15-16-38
Contents of application--Service on judgment creditors.
15-16-39
Clerk to discharge judgment--Exception--Objection to discharge--Service.
15-16-40
Motion and order for discharge except to extent that debt not discharged in
bankruptcy.
15-16-41
Form of application for discharge of judgment.
15-16-42
Judgment ceases to be lien upon discharge.
15-16-43
Applicability to general judgment liens only.
15-16-44
Conditions for not recognizing out-of-country foreign judgments.
15-16-45
Criteria for recognition of out-of-country foreign judgments.
15-16-46
Required findings for recognition of out-of-country foreign defamation judgment.
15-16-47
Application of §§ 15-16-44 to 15-16-46.
15-16A-1
"Foreign judgment" defined.
15-16A-2
Filing of authenticated copy of foreign judgment--Treatment and effect.
15-16A-3
Fees payable.
15-16A-4
Affidavit of names and addresses.
15-16A-5
Notice to judgment debtor--Docket entry--Contents of notice--Notice by creditor--Clerk's failure to mail.
15-16A-6
Stay of enforcement pending appeal or during stay of execution--Proof of security.
15-16A-7
Stay of enforcement on showing of ground--Security.
15-16A-8
Right of action to enforce judgment preserved.
15-16A-9
Uniformity of interpretation.
15-16A-10
Citation of chapter.
CHAPTER 15-17
RECOVERY OF DISBURSEMENTS
15-17-1 15-17-1 to 15-17-16. Repealed by SL 1992, ch 148, § 26
15-17-16.1 Imposition of costs and attorneys' fees on grant of mistrial.
15-17-17 15-17-17 to 15-17-35. Repealed by SL 1992, ch 148, § 26
15-17-36 Costs not an indemnity--Disbursements.
15-17-37 Prevailing party recovery--Taxation.
15-17-37.1 Interpreter or translator services--Payment.
15-17-38 Award of attorneys' fees--Taxed as disbursements.
15-17-39 Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.
15-17-40 Recovery limited.
15-17-41 Disbursements taxed against multiple parties.
15-17-42 Application of chapter.
15-17-43 Attorneys' fees allowable in hearing contesting validity of taxation of disbursements.
15-17-44 Taxation of disbursements--Discretion of court.
15-17-45 Reimbursement of plaintiff in action to recover funds misappropriated by public official.
15-17-46 Plaintiff's lien on recovery in taxpayer's action.
15-17-47 Judgment against surety where security for disbursements given.
15-17-48 Disbursements awarded against infant.
15-17-49 Disbursement against personal representative or trustee of express trust.
15-17-50 Expenses of requiring jury to report--Apportionment.
15-17-51 Liability of party for frivolous or malicious action.
15-17-51.1 Inmate financial responsibility for state's costs incurred from abuse of court system.
15-17-51.2 Inmate or prisoner financial responsibility for costs incurred by county from abuse of court system.
15-17-52 Limit of taxation of disbursements.
15-17-53 Reduction or disallowance of disbursements for hardship.
15-17-54 New trial--Taxation of disbursements.
15-17-55 Reversal upon appeal--Taxation of disbursements.
15-17-56 Disbursements taxed by party not prevailing on appeal--Discretion of court.
15-17-57 Disbursements taxed when appeal affirmed in part and reversed in part--Discretion of court.
15-17-58 Reconsideration of disbursements upon Supreme Court ruling--Discretion of court.
15-17-59 Dismissal for lack of jurisdiction--Disbursements.
15-17-60 Disbursements caused by postponement of trial.
15-18-1
Writ of execution permitted within twenty years after judgment.
15-18-2
Judgments for money or delivery of property executed against property--Additional
execution against person.
15-18-3
Order and cause of arrest required for execution against person of debtor.
15-18-4
Directions in writ to enforce judgment requiring sale of property--Issue to referee, sheriff
or constable.
15-18-5
Signature, attestation, and sealing of writ of execution--Officer defined.
15-18-6
Reference in writ to judgment and record information.
15-18-7
Direction in writ to satisfy judgment from debtor's property.
15-18-8
Direction in writ to satisfy judgment from property held by successors, tenants, or trustees.
15-18-8.1
Execution upon bank asset.
15-18-9
Direction in writ to arrest and commit debtor.
15-18-10
Directions in writ on judgment for delivery of personal property--Recovery of costs and
damages.
15-18-11
Judgment included in writ requiring sale of property.
15-18-12
Execution directing application of principal debtor's property before that of surety.
15-18-13
Officer to whom execution issued--Issue at same time in different counties--Real property
sold in county where it lies.
15-18-14
Power of officer to execute writ according to terms.
15-18-15
Endorsement of receipt of writ by officer--Diligent execution--Return of execution.
15-18-16
Payment by debtor to officer holding execution--Officer's receipt as discharge.
15-18-17
Property subject to levy on execution.
15-18-18
Levy not required for sale of property taken by earlier process.
15-18-19
Money under control of court applied to satisfaction by terms of judgment.
15-18-20
Levy on personal property capable of manual delivery.
15-18-21
Levy on judgment--Notice to parties.
15-18-22
Levy on real property--Recording of notice.
15-18-23
Levy on personal property which cannot be moved--Recording of notice.
15-18-24
Levy on domestic animals running at large--Notice to person in possession.
15-18-25
Receipt, entry and indexing of notices filed with register of deeds.
15-18-26
Immovable property and range animals taken into custody--Additional costs not allowed.
15-18-27
Levy on other personal property or demand.
15-18-28
Selection of property likely to bring amount required--Additional levies if required.
15-18-29
Additional levies if amount produced on sale insufficient.
15-18-30
Levy as lien on personal property.
15-18-31
Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees.
15-18-32
Abandonment of execution--Discharge of levies--Subsequent executions.
15-18-33
Partial abandonment of execution--Subsequent executions.
15-18-34
Collection or sale of property levied on.
15-18-35
Money and receivables appropriated to judgment without sale.
15-18-36
Receivables subject to sale or appropriation--Assignment and delivery by officer.
15-18-37
Levy continues against property unsold--New sale or new execution.
15-18-38
Payment of execution proceeds to judgment creditor.
15-18-39
Surplus applied to other executions against debtor.
15-18-40
Surplus deposited in court--Notice to debtor.
15-18-41 Time of return of execution--Extension where levy made.
15-18-42 Contents and verification of return of execution.
15-18-43 Mailing of return of execution issued in another county--Officer not liable for delay in mails.
15-18-44 Neglect of duty by officer as contempt of court--Liability in damages--Amercement.
15-19-1
Process under which sales made--Title conveyed to purchaser.
15-19-2
Procedure governed by rules of court.
15-19-3
Publication of notice of sale of personal property--Contents--Posting in lieu of
notice.
15-19-4
Perishable property sold by court order--Notice.
15-19-5
Time and place of sale of personal property--Access of bidders to property--Notice of place.
15-19-6
Property within view of bidders during sale--Designation of place of sale when
property not capable of manual delivery.
15-19-7
Sale at public auction to highest bidder--Designation by debtor of order in which
items offered.
15-19-8
Publication of notice of real property sale.
15-19-9
Contents of notice of real property sale.
15-19-10
Time and place of real property sales.
15-19-11
Foreclosure sale of real estate situated in several counties.
15-19-12
Place of sale of real property where no courthouse in county.
15-19-13
Real property sold at public auction to highest bidder.
15-19-14
Distinct parcels of real property sold separately--Exceptions.
15-19-15
Order of sale of parcels of real property designated by owner or judgment debtor.
15-19-16
Real property sale terminated when sufficient amount raised.
15-19-17
Title acquired by purchaser of real property--Right of redemption.
15-19-17.1
Debtor entitled to harvest crops planted prior to issuance of deed.
15-19-18
Real property purchaser's title unaffected by reversal of judgment--Restitution by
judgment creditor.
15-19-19
Certificate of sale issued to purchaser of real property--Contents--Execution and
recording--Prima facie evidence.
15-19-20
Return of sale of real property--Contents.
15-19-21
Exceptions to sale of real property--Service and determination.
15-19-22
Confirmation of sale of real property--Recitals in court order.
15-19-23
Time allowed for redemption from sale of real property--Foreclosure provisions
unaffected.
15-19-24
Sheriff's deed to real property sold.
15-19-25
Contents, execution, and recording of sheriff's deed.
15-19-26
Sheriff's deed as evidence of legality of proceedings--Title vested in grantee.
15-19-27
Purchaser's recovery of damages for injury to real property after sale and before
possession delivered.
15-19-28
Demand by officer making sale of advance payment of publication fees.
15-19-29, 15-19-30.
Repealed.
15-19-31
Adjournment of sales to following day.
15-19-32
Postponement of sale by sheriff.
15-19-33
Officers not to purchase at sale.
15-19-34
Termination of sale when sufficient money raised.
15-19-35
Application of proceeds of sale.
15-19-36
Cancellation or endorsement of instrument on which judgment based--Attachment
to return of execution.
15-20-1
Order to judgment debtor to appear and answer after execution returned unsatisfied.
15-20-2
Order to judgment debtor to appear and answer on refusal to apply property to judgment.
15-20-3
Procedure available against joint debtors not served with summons.
15-20-4
Application of procedure to magistrate court judgments filed in circuit court.
15-20-5
Arrest to prevent absconding by judgment debtor--Undertaking required--Commitment
in default of undertaking.
15-20-6
Appointment of referee.
15-20-7
Attendance of witnesses required--Examination certified by referee.
15-20-8
Examination of witnesses and debtor on oath.
15-20-9
Self-incrimination not ground for refusing to answer--Immunity from prosecution.
15-20-10
Witness fees and disbursements allowed.
15-20-11
Concealment of assets or transfers as misdemeanor.
15-20-12
Court order applying property to satisfaction of judgment--Restriction on application of
wages.
15-20-13
Court order forbidding transfer of property.
15-20-14
Appointment of receiver for debtor's property--Consolidation of proceedings--Control of
receivership.
15-20-15
Filing with clerk of order for appointment of receiver.
15-20-16
Recording by register of deeds of order appointing receiver--Destruction of records.
15-20-17
Possession of real property taken by receiver.
15-20-18
Action by receiver to determine adverse claims to property--Order prohibiting transfer
pending determination.
15-20-19
Disobedience of order of judge or referee as contempt.
15-20-20
Discharge from imprisonment of person committed.
15-21-1
Grounds for amercement of officer directed to execute writ--Amount of amercement.
15-21-2
Amercement of clerk for failure to pay over money received.
15-21-3
Notice of amercement given to officer of county other than that from which execution
issued.
15-21-4
Amount of amercement on refusal to pay over money collected.
15-21-5
Entry of amercements on court record--Effect as judgment.
15-21-6
Action joining officer's surety as party to judgment--Officer's property applied first.
15-21-7
Amercement alternative to other remedies.
15-21-8
Subrogation of officer after amercement.
15-24-1
Circuit court procedure applicable except as otherwise provided.
15-24-2
Adjournment of court by one judge--Announcement and filing of opinions.
15-24-3
Order of causes on Supreme Court calendar--Preference to appeals on adoption,
abuse and neglect, suppression of evidence in criminal cases and cases involving
public agencies.
15-24-4
Number of judges required for decision--Rehearing--Disposition in case of
disagreement.
15-24-5
Definitions.
15-24-6
General.
15-24-7
Objections.
15-24-8
Advance Notification.
15-24-9
Conduct and Attire.
15-24-10
Media Coordinator.
15-24-11
Technical.
15-24-12
Equipment and Pooling.
15-24-13
Expanded media coverage permanent effective date.
15-24A-1
Power to answer.
15-24A-2
Superseded.
15-24A-3
Method of invoking.
15-24A-4
Contents of certification order.
15-24A-5
Preparation of certification order.
15-24A-6
Costs of certification.
15-24A-7
Briefs and argument.
15-24A-8
Opinion.
15-24A-9
Severability.
15-24A-10
Construction.
15-24A-11
Short title.
CHAPTER 15-25
ORIGINAL PROCEEDINGS IN SUPREME COURT
15-25-1 Matters in which original jurisdiction exercised.
15-25-2 Application to commence proceeding--Fee--Filing.
15-25-3 Petition for rehearing on decision.
15-25-4 Reply to petition for rehearing.
15-25-5 Docketing in circuit court and enforcement of Supreme Court judgment for money.
15-26-1
Transferred.
15-26-2
Repealed.
15-26-3
Superseded.
15-26-4
Transferred.
15-26-5, 15-26-6.
Superseded.
15-26-7
Repealed.
15-26-8
Repealed.
15-26-9 to 15-26-12.
Superseded.
15-26-13
Transferred.
15-26-14
Transferred.
15-26-15
Transferred.
15-26-16
Superseded.
15-26-17
Transferred.
15-26-18
Superseded.
15-26-19, 15-26-20.
Transferred.
15-26-21
Repealed.
15-26-22
Transferred.
15-26-23 to 15-26-25.1.
Superseded.
15-26-25.2
Transferred.
15-26-25.3
Repealed.
15-26-25.4 to 15-26-25.6.
Superseded.
15-26-26
Transferred.
CHAPTER 15-26A
RULES OF CIVIL APPELLATE PROCEDURE
15-26A-1 Scope of rules.
15-26A-2 Suspension of rules.
15-26A-2.1 15-26A-2.1. Repealed by SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014.
15-26A-3 Judgments and orders of circuit courts from which appeal may be taken.
15-26A-4 Appeals of right--How taken.
15-26A-4.1 Amended notice of appeal.
15-26A-5 Affidavit of indigency in lieu of filing fee.
15-26A-6 Appeals--When taken.
15-26A-6.1 15-26A-6.1. Repealed by SL 2007, ch 306 (Supreme Court Rule 06-74), eff. Jan. 1, 2007.
15-26A-6.01 Transitional provision--Time for taking appeal.
15-26A-7 Orders and determinations of trial court subject to review on appeal from judgment.
15-26A-8 New trial motion not required for review on insufficiency of evidence or error of law.
15-26A-9 Matters subject to review on appeal from order denying new trial.
15-26A-10 Scope of review on appeal from order.
15-26A-11 Combining of appeals in one notice and one undertaking.
15-26A-12 Actions available to Supreme Court on decision.
15-26A-13 Petition for permission to take discretionary appeal.
15-26A-14 Contents of petition for appeal.
15-26A-15 Attachments to petition for appeal.
15-26A-16 Response to petition.
15-26A-17 Grant of permission to appeal--Procedure.
15-26A-18 Noncompliance with requirements and inaccurate statements as grounds for denial of appeal from intermediate order.
15-26A-19 Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay.
15-26A-20 Certification of record on petition for appeal from intermediate order.
15-26A-21 Terms imposed on unreasonable and vexatious petition for appeal from intermediate order.
15-26A-22 Appellee's right to obtain review.
15-26A-23 Form and amount of bond or deposit for costs.
15-26A-24 Waiver of bond or deposit--Affidavit of indigency.
15-26A-25 Stay of judgment or order in circuit court--When allowed.
15-26A-26 Appellate procedure--Money judgment--Conditions of bond on appeal.
15-26A-27 Judgment directing the assignment or delivery of documents or personal property--Conditions of bond on appeal.
15-26A-28 Judgment directing the sale or possession of real property--Conditions of bond on appeal.
15-26A-29 Judgment directing execution of an instrument--Conditions of stay.
15-26A-30 Sale of perishable property--Deposit of proceeds.
15-26A-31 Conditions of bond on appeal from other judgments and orders.
15-26A-32 Extent of stay on filing of bond.
15-26A-33 Joinder of bonds.
15-26A-34 Notice of application for bond.
15-26A-35 Personal sureties--Exceptions--Justification.
15-26A-36 Service of bond on adverse party.
15-26A-37 Proceedings against sureties on bond.
15-26A-38 Stay of execution without bond by public agency or officer.
15-26A-39 Application to Supreme Court for special relief.
15-26A-40 New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking.
15-26A-41 Deposit in lieu of undertaking--Notice of deposit.
15-26A-42 Waiver of undertaking and deposit.
15-26A-43 Failure to pay after affirmance of judgment as breach of undertaking.
15-26A-44 Liability of sureties on dismissal of appeal.
15-26A-45 Damages determined by referee after affirmance by Supreme Court.
15-26A-46 Failure to pay damages determined by referee as breach of undertaking.
15-26A-47 Composition of the record on appeal.
15-26A-48 Order for transcript of proceedings.
15-26A-49 Waiver by failure to order transcript.
15-26A-50 Determination of parts of transcript to be included.
15-26A-51 Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.
15-26A-52 Form of transcript--Number of copies--Certification.
15-26A-53 Duty of clerk of trial court to assemble and certify the record--Time and manner--Transmittal of index in lieu of entire record.
15-26A-54 Statement of the proceedings when no report was made or when the transcript is unavailable.
15-26A-55 Agreed statement as the record.
15-26A-56 Correction or modification of the record.
15-26A-57 Time for transmission of record--Temporary delay--Documents of unusual bulk or weight and physical exhibits--Motion for intermediate orders.
15-26A-58 Transmittal of record for preliminary hearing.
15-26A-59 Disposition of record after appeal.
15-26A-60 Brief of appellant--Contents.
15-26A-61 Brief of appellee.
15-26A-62 Reply brief.
15-26A-63 References in briefs to parties.
15-26A-63.1 References in briefs to children.
15-26A-64 References in briefs to record.
15-26A-65 Reproduction of statutes, ordinances, rules, regulations, etc.
15-26A-66 Length of briefs.
15-26A-67 Briefs of multiple appellants or appellees.
15-26A-68 Reproduction methods used for briefs.
15-26A-69 Printing and binding specifications for briefs.
15-26A-69.1 Citation of official opinions of the Supreme Court.
15-26A-70 Brief failing to conform to requirements--Duty of clerk of Supreme Court.
15-26A-70.1 Pro se filings by party represented by counsel.
15-26A-71 Amendment of briefs--Terms for allowance.
15-26A-72 Costs not allowed for extraneous matter in briefs--Expense of printing matters omitted from appellant's brief.
15-26A-73 Supplemental brief with late authorities--Service on counsel.
15-26A-74 Brief and argument of amicus curiae.
15-26A-75 Time for serving and filing briefs.
15-26A-76 Extension of time for serving and filing briefs.
15-26A-77 Stipulation waiving default in filing of briefs--Court order extending time.
15-26A-78 Default in filing of briefs waived by court without stipulation.
15-26A-79 Number of copies of briefs to be served and filed.
15-26A-80 Consequence of failure to file briefs.
15-26A-81 Briefs mailed for filing--Time.
15-26A-82 Supreme Court calendar for oral argument--Duty of clerk.
15-26A-83 Time allowed for argument.
15-26A-84 Order and content of argument.
15-26A-85 Number of attorneys allowed to argue.
15-26A-86 Nonappearance of parties.
15-26A-87 Submission on briefs.
15-26A-87.1 Disposition on briefs and record--Grounds--Citation of decisions restricted.
15-26A-87.2 Motions--Answers to motions--Generally.
15-26A-87.3 Motion for attorney fees--Contents, form, and filing of motion.
15-26A-88 Physical exhibits used at argument.
15-26A-89 When member of court absent.
15-26A-90 Prehearing conference.
15-26A-91 Time for petition for reinstatement--Contents, form, and filing of petition.
15-26A-92 Enlargement of time.
15-26A-93 Title of chapter.
15-26A-A APPENDIX OF FORMS
15-26B-1
Repealed.
15-26B-2
Repealed.
15-26B-2.1
Repealed.
15-26B-3
Repealed.
15-26B-3.1 to 15-26B-13. Repealed.
CHAPTER 15-26C
SUPREME COURT ELECTRONIC FILING RULES
15-26C-1 Electronic filing.
15-26C-2 Electronic document formats.
15-26C-3 Time of filing.
15-26C-4 Electronic service.
15-26C-5 Original documents.
15-26C-6 Technical issues--Relief.
15-26C-7 Scope.
15-28-1
Repealed.
15-28-2
Repealed.
15-28-3
Repealed.
15-28-4 to 15-28-10. Transferred.
15-29-1
Superseded.
15-29-2
Repealed.
15-29-3 to 15-29-8.
Superseded.
15-29-9
Transferred.
15-29-10 to 15-29-14.
Superseded.
15-29-15
Repealed.
15-29-16 to 15-29-23.
Superseded.
15-29-24, 15-29-25.
Transferred.
15-29-26, 15-29-27.
Superseded.
15-29-28, 15-29-29.
Transferred.
15-29-30
Superseded.
CHAPTER 15-30
DISPOSITION OF APPEALS TO SUPREME COURT
15-30-1 Remand to trial court to permit motion for new trial.
15-30-2 Reversal, affirmance or modification of judgment or order appealed from--Entry of new judgment or order--New trial--Part of judgment or order appealed from.
15-30-3 Judgment directed for party entitled to directed verdict.
15-30-4 Time for petition for rehearing--Contents, form, and filing of petition.
15-30-5 Briefs and argument when rehearing granted--Notice to attorneys of action on petition.
15-30-6 Costs allowed to prevailing party on appeal.
15-30-7 Discretionary allowance of costs on appeal.
15-30-8 Taxation of costs and damages by clerk--Notice to attorneys.
15-30-8.1 Costs--Time and manner of payment.
15-30-9 Objections to taxation of costs on appeal--Reply to objections--Decision by court.
15-30-10 Costs on petition for rehearing.
15-30-11 Remittitur of decision and record to trial court--Further proceedings.
15-30-12 Costs and damages included in remittitur to trial court.
15-30-13 Judgment in trial court for costs and damages.
15-30-14 Supreme Court judgment remitted to trial court--Final judgment in trial court.
15-30-15 Opinion of Supreme Court transmitted with papers.
15-30-16 Repealed by SL 2012, ch 254 (Supreme Court Rule 11-17), eff. Aug. 24, 2011.
15-38-1 to 15-38-21. Repealed.
15-38-22
(Rule 1) Right to appeal--Time for appeal.
15-38-23
(Rule 2(a)) Contents of notice of appeal--Signature.
15-38-24
(Rule 2(b)) Service of notice of appeal on parties.
15-38-25
(Rule 2(c)) Filing of notice of appeal--Proof of service.
15-38-26
(Rule 2(d)) Notice of appeal transmitted to magistrate.
15-38-27
(Rule 3(a)) Filing fee and cost bond required--Stay of proceedings.
15-38-28
(Rule 3(b)) Waiver of bond and filing fee.
15-38-29
(Rule 3(c)) Failure to prosecute appeal--Dismissal.
15-38-30
(Rule 4(a)) Forwarding record to circuit court.
15-38-31
(Rule 4(b)) Correction of record.
15-38-32
(Rule 5(a)) Verbatim record kept by magistrate--Means of recording.
15-38-33
(Rule 5(b)) Order for transcript of verbatim record--Waiver by stipulation.
15-38-34
(Rule 5(c)) Cost of transcript.
15-38-35
(Rule 5(d)) Form of transcript.
15-38-36
(Rule 6(a)) Form of briefs.
15-38-37
(Rule 6(b)) Times for service and filing of briefs.
15-38-38
(Rule 7(a)) Scope of review on appeal from magistrate judge--Disposition of case.
15-38-39
(Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.
15-38-40
(Rule 7(c)) Trial de novo when verbatim record not available.
CHAPTER 15-39
SMALL CLAIMS PROCEDURE
15-39-1 15-39-1, 15-39-2. Superseded
15-39-3 15-39-3, 15-39-4. Repealed by SL 1980, ch 168, §§ 7, 8
15-39-5 15-39-5 to 15-39-44. Superseded
15-39-45 Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted.
15-39-45.1 Jurisdictional amount of claim.
15-39-46 Alternative to action begun by summons.
15-39-47 Persons authorized to act as attorney--Notice to attorney.
15-39-48 Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.
15-39-49 Addresses of parties stated to clerk--Filing in docket.
15-39-50 Determination of sufficiency of plaintiff's statement.
15-39-51 Deputy clerk authorized to act--Magistrate to perform clerk's duties.
15-39-52 Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.
15-39-53 Court rules may provide for modified procedure.
15-39-54 Time of hearing on claim.
15-39-55 Notice valid though refused by defendant--Further notice on failure of delivery.
15-39-56 Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.
15-39-57 Claim of trial by court or jury by defendant--Affidavit--Special rule in designated judicial circuit governing removal to the regular civil docket of the court--Entry fee and undertaking.
15-39-58 Transmittal of papers upon removal--Pleadings and speedy trial.
15-39-59 15-39-59. Repealed by SL 2000, ch 260
15-39-60 15-39-60. Repealed by Supreme Court Rule 97-17
15-39-61 Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.
15-39-62 Docket entries transmitted on removal to circuit court.
15-39-63 15-39-63. Repealed by Supreme Court Rule 97-19
15-39-64 Default of defendant failing to comply with requirements.
15-39-65 Docket entry as to defense--Contents of entry.
15-39-66 Setoff or counterclaim stated by defendant--Notice to plaintiff and postponement of hearing--Answer by plaintiff--Request for jury trial or petition for removal on non-compulsory counterclaims--Provisions not compulsory.
15-39-67 Amendment of claim or answer.
15-39-68 Disposition of claim on failure of plaintiff to appear for hearing.
15-39-69 Venue.
15-39-70 Subpoenas for witnesses.
15-39-71 Witnesses and evidence received on hearing.
15-39-72 Signature of docket on determination of action.
15-39-73 Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.
15-39-74 Court order as to method of payment of judgment--Stay of execution during compliance.
15-39-75 Grounds for vacation of judgment and stay of execution--Repayment ordered.
15-39-76 Costs awarded on motion to vacate judgment.
15-39-76.1 Notice of payment of judgment.
15-39-76.2 Cancellation of judgment or transcript--Notice by prevailing party or attorney.
15-39-77 Guardian ad litem.
15-39-78 Forms for use in small claims procedure.
15-39-79 Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.
