South Dakota procedural guides

Plain-English guides to the South Dakota Rules of Procedure in Circuit Courts, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a South Dakota complaint: 30 days to answer, but 20 for a cross-claimSouth Dakota SDCL § 15-6-12 gives 30 days after service of the complaint to serve an answer but only 20 days for cross-claim answers and replies — and 20 days after a dismissal is reversed on appeal.
• Setting aside a South Dakota default judgment: relief survives for a defendant never actually notifiedSouth Dakota § 15-6-60(b) preserves the court's power to grant relief to a defendant not actually personally notified — a route that sits outside the one-year limit.
• The South Dakota motion to dismiss: six grounds, and venue is not among themSDCL § 15-6-12 lists six defenses that may be raised by motion, omitting improper venue, and gives twenty days to answer and ten after a denial.
• South Dakota summary judgment: 28, 14 and 7 calendar days before the hearing — and the reply period counts weekendsSouth Dakota § 15-6-56 counts backwards from the hearing in calendar days, and expressly switches off the weekend-and-holiday exclusion for the seven-day reply period.
• The South Dakota motion to compel: a statute, not a rule — and it stops at subdivision (d)South Dakota's discovery-sanctions provision is SDCL § 15-6-37, and it ends after subdivision (d) — with no electronic-discovery safe harbor and no sanction for refusing to help frame a discovery plan.
• South Dakota injunctions: a TRO cannot be appealed, and the hearing evidence follows you to trialSDCL § 15-6-65 states that temporary restraining orders by their nature may not be appealed, and carries admissible preliminary-injunction evidence into the trial record automatically.
• South Dakota subpoenas: a warning in capitals, and a fee that decides whether it bindsSouth Dakota requires every subpoena to carry a bold capitalized warning telling the recipient to treat it as a court order — and provides that an unpaid witness is not obliged to obey.

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