The South Dakota motion to dismiss: six grounds, and venue is not among them
South Dakota procedure · Last verified August 17, 2026
South Dakota's Rule 12 analogue is SDCL § 15-6-12, and its enumerated list is one shorter than the federal rule's.
Improper venue is absent. The list runs from subject-matter jurisdiction straight to insufficiency of process, so a wrong-county objection in South Dakota is not a motion-to-dismiss ground.
Twenty days, then ten
| Event | Time |
|---|---|
| Answer a complaint | 20 days from service |
| After a denied motion, or a deferral to trial | 10 days |
Ten days is short. Draft the answer while the motion is pending.
The six grounds
SDCL § 15-6-12(b):
the following defenses may at the option of the pleader be made by motion: (1) Lack of jurisdiction over the subject matter; (2) Lack of jurisdiction over the person; (3) Insufficiency of process; (4) Insufficiency of service of process; (5) Failure to state a claim upon which
| Position | South Dakota | Federal |
|---|---|---|
| (1) | subject matter jurisdiction | same |
| (2) | jurisdiction over the person | same |
| (3) | insufficiency of process | improper venue |
| (4) | insufficiency of service of process | insufficiency of process |
| (5) | failure to state a claim | insufficiency of service |
The numbering shifts by one from position (3) onward. A South Dakota brief citing "§ 15-6-12(b)(6)" for failure to state a claim is citing the wrong subdivision — here it is (5).
Where this connects
South Dakota's relief statute preserves a route most states lack: the court's power "to grant relief to a defendant not actually personally notified as provided by statute", which sits outside the one-year limit. See setting aside a South Dakota default judgment.
For the answer itself, see responding to a South Dakota complaint.
How South Dakota compares
| South Dakota | North Dakota | Nebraska | Federal | |
|---|---|---|---|---|
| Time to answer | 20 days | 21 days | 30 days | 21 days |
| After a denied motion | 10 days | 14 days | 21 days | 14 days |
| Enumerated grounds | six | seven | seven | seven |
| Venue inside the rule | no | yes | no | yes |
| Failure to state a claim is | (b)(5) | (b)(6) | (b)(6) | (b)(6) |
A short checklist
- Diarise 20 days from service.
- Cite the South Dakota numbering. Failure to state a claim is (b)(5).
- Do not look for venue in the rule. It is not a ground.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion.
- Plan for 10 days to answer if the motion is denied.
Where these rules live
- SDCL § 15-6-8 — General rules of pleading
- SDCL § 15-6-12 — Defenses and Objections
- SDCL § 15-6-56 — Summary judgment
This page explains what the statutes say. It isn't legal advice, and the standard for dismissal for failure to state a claim is developed in case law this site doesn't cover.