(a) Trial calendar. The judges of the court shall provide by order or by rule for the placing of actions upon the trial calendar in such manner as the court deems expedient. Precedence shall be given to actions entitled thereto.
Rule 40.Assignment of Cases for Trial
Part VI: Trials · Last amended 2006 · Last verified July 16, 2026
In one sentenceRule 15-6-40 leaves the trial calendar to each court’s own order or local rule, requires giving precedence to cases entitled to it, and lets a party who appears proceed with a dismissal, a verdict, or a judgment when the opposing party fails to appear once the case is called.
Full Text of Rule 15-6-40
(c) Proceeding in absence of party. Either party from the time when a case is reached upon the calendar, and in the absence of the adverse party, unless the court for good cause shall otherwise direct, may proceed with the party’s case and take a dismissal of the complaint, or a verdict, or judgment, as the case may require.
Note: (b) [Repealed].
Plain-English Summary
Rule 15-6-40 leaves the mechanics of the trial calendar to the court itself. The judges provide, by order or by rule, for placing actions on the trial calendar however the court finds workable, and cases entitled to precedence get it. The rule’s subdivision (b) has since been repealed, so the rule today runs from (a) straight to (c).
Subdivision (c) handles what happens when a case is called and one side is not there. From the moment a case is reached on the calendar, the party who is present may go forward with the case in the other side’s absence, taking a dismissal of the complaint, a verdict, or a judgment, whichever the case calls for, unless the court directs otherwise for good cause.
Frequently Asked Questions
Who decides the order cases are called for trial in South Dakota?
Rule 15-6-40 leaves that to the judges of the court, who provide by order or by rule for placing actions on the trial calendar in whatever manner the court finds workable.
Do some South Dakota cases get priority on the trial calendar?
Yes. Rule 15-6-40 requires that precedence be given to actions entitled to it.
What happens if the other side does not show up when my case is called for trial?
Under Rule 15-6-40, you may proceed with your case in their absence and take a dismissal of the complaint, a verdict, or a judgment, as the case requires, unless the court directs otherwise for good cause.
Can the court make the case wait instead of letting the appearing party proceed?
Yes. Rule 15-6-40 lets the court direct otherwise for good cause rather than allow the appearing party to proceed alone.
Does Rule 15-6-40 still have a subdivision (b)?
No. Subdivision (b) has been repealed, so the current rule runs from subdivision (a) to subdivision (c).
Amendment History
(a)SDC 1939 & Supp 1960, § 33.1111; SD RCP, Rule 40 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SDC 1939 & Supp 1960, § 33.1305; SD RCP, Rule 40 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; 2006, ch 313 (Supreme Court Rule 06-39).
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: south dakota trial calendar rulecase called for trial party absent sdtrial assignment order south dakotadismissal for nonappearance sd rule 40precedence on trial docket south dakota