If a party is dismissed or dropped from a multiparty civil action by order of the court, the name of the dismissed or dropped party may not appear on subsequent pleadings.
Rule 25.1.Naming of Dismissed or Dropped Parties
Part IV: Parties · Last amended 1989 · Last verified July 16, 2026
In one sentenceRule 15-6-25.1 bars a party’s name from appearing on later pleadings in a multiparty civil action once a court order has dismissed or dropped that party from the case.
Full Text of Rule 15-6-25.1
Plain-English Summary
Rule 15-6-25.1 is a short housekeeping rule with a clear command: once a party has been dismissed or dropped from a multiparty civil action by court order, that party’s name may not appear on the pleadings filed afterward.
The rule fits naturally alongside Rule 15-6-21, which gives the court authority to add or drop parties at any stage of a case. Once that authority has been used to remove someone, Rule 15-6-25.1 makes sure the caption and pleadings that follow reflect who remains in the case, rather than carrying forward a name that no longer belongs there.
Frequently Asked Questions
Can a dismissed defendant’s name still show up on later filings in the case?
No. Rule 15-6-25.1 states that the name of a dismissed or dropped party may not appear on subsequent pleadings.
What has to happen before a party’s name must be dropped from later pleadings?
A court order dismissing or dropping that party from the action, as described in Rule 15-6-25.1.
Does this rule apply to any case, or only ones with multiple parties?
Rule 15-6-25.1 refers specifically to a multiparty civil action, so it addresses cases where dropping one party still leaves others in the case.
How does this rule relate to the court’s general power to add or drop parties?
Rule 15-6-21 gives the court authority to drop parties at any stage on just terms; Rule 15-6-25.1 then keeps the pleadings that follow accurate once that authority has been exercised.
Why does a rule like this matter in practice?
It keeps the case caption and later filings from misleading anyone about who remains a party, once a court order has already removed someone from the action.
Amendment History
—SL 1989, ch 174.
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: dropped party name in pleadings south dakotadismissed defendant caption sd rulerule 25.1 south dakotamultiparty action dismissed party pleadings