(a) Joinder of claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.
Rule 18.Joinder of Claims and Remedies
Part IV: Parties · Last amended 1969 · Last verified July 16, 2026
In one sentenceRule 15-6-18 lets a party asserting a claim join as many legal or equitable claims, independent or alternative, against an opposing party as they have, and allows joining claims that depend on the outcome of another claim, including a claim for money together with a claim to set aside a fraudulent conveyance.
Full Text of Rule 15-6-18
(b) Joinder of remedies — Fraudulent conveyances. Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.
Plain-English Summary
Rule 15-6-18 gives a party bringing a claim broad freedom to combine everything they have against an opposing party into one action. Subdivision (a) allows a party asserting an original claim, counterclaim, cross-claim, or third-party claim to join as many claims as they have against that opposing party, whether the claims are legal or equitable, and whether they are pleaded as independent claims or in the alternative.
Subdivision (b) addresses a specific complication: some claims historically could not be pursued until another claim had already been resolved. The rule allows both claims to be joined in a single action, though the court can only grant relief consistent with the parties’ substantive rights — joinder does not change what remedy a party is entitled to. The rule gives a concrete example: a plaintiff can bring a claim for money together with a claim to set aside a conveyance as fraudulent, without first having to win a judgment on the money claim alone.
Frequently Asked Questions
Can I bring several unrelated claims against the same opposing party in one South Dakota lawsuit?
Yes. Rule 15-6-18(a) allows a party asserting a claim to join as many claims, legal or equitable, independent or alternative, as they have against that opposing party.
Do my joined claims need to be related to each other?
No. Rule 15-6-18(a) does not require the joined claims to share a transaction or occurrence; it allows joinder of as many claims as the party has against the opposing party.
Can I sue to set aside a fraudulent conveyance before winning my underlying money claim?
Yes. Rule 15-6-18(b) specifically allows a plaintiff to state a claim for money and a claim to set aside a fraudulent conveyance together, without first obtaining judgment on the money claim.
Does joining claims under this rule change what relief I can recover?
No. Rule 15-6-18(b) allows joinder of claims that once required sequential resolution, but the court grants relief only in accordance with the parties’ substantive rights.
Can I join both a legal claim and an equitable claim against the same defendant?
Yes. Rule 15-6-18(a) allows a party to join legal and equitable claims together against an opposing party.
Amendment History
(a)SDC 1939 & Supp 1960, § 33.0916; SD RCP, Rule 18 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
(b)SD RCP, Rule 18 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: joinder of claims south dakotacombining claims in one lawsuit sdfraudulent conveyance claim joinderjoining legal and equitable claims south dakotasd rule 18 joinder