(a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of thirty days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
Rule 56.Summary Judgment
Part VII: Judgment · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 15-6-56 lets any party move for summary judgment, with or without supporting affidavits, on all or part of a claim whenever the record shows no genuine issue of material fact and entitlement to judgment as a matter of law, and it fixes the briefing deadlines and required fact statements.
Full Text of Rule 15-6-56
(b) For defending party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
(c) Motion for summary judgment and proceedings thereon. Unless different periods are fixed or permitted by order of the court, the motion and supporting brief, statement of undisputed material facts, and any affidavits shall be served not later than twenty-eight calendar days before the time specified for the hearing; any response or reply thereto, including any response to the movant’s statement of undisputed material facts, shall be served not later than fourteen calendar days before the hearing; and a reply brief or affidavit may be served by the movant not later than seven calendar days before the hearing. The time computation rules of SDCL 15-6-6(a) requiring the exclusion of intermediate Saturdays, Sundays, and legal holidays shall not apply to the seven-calendar-day reply period.
(1) A party moving for summary judgment shall attach to the motion a separate, short, and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried. Each material fact in this required statement must be presented in a separate numbered statement and with appropriate citation to the record in the case.
(2) A party opposing a motion for summary judgment shall include a separate, short, and concise statement of the material facts as to which the opposing party contends a genuine issue exists to be tried. The opposing party must respond to each numbered paragraph in the moving party’s statement with a separately numbered response and appropriate citations to the record.
(3) All material facts set forth in the statement that the moving party is required to serve shall be admitted unless controverted by the statement required to be served by the opposing party. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
(d) Determination as to what facts are in controversy. If on motion under § 15-6-56 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
(e) Affidavits for summary judgment. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in § 15-6-56, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in § 15-6-56, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
(f) Opposing party’s inability to present affidavits. Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
(g) Affidavits made in bad faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to § 15-6-56 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney’s fees, and any offending party or attorney may be adjudged guilty of contempt.
Plain-English Summary
Rule 15-6-56 is South Dakota’s motion for summary judgment. A claimant can move for judgment in its favor thirty days after the action starts, or sooner if the other side already moved for summary judgment first; a party defending against a claim can move at any time. Either side can support the motion with affidavits or file it without them.
The briefing schedule is specific. Unless the court sets different deadlines, the motion, supporting brief, statement of undisputed material facts, and any affidavits have to be served at least twenty-eight calendar days before the hearing; a response, including a response to the movant’s fact statement, is due at least fourteen calendar days before the hearing; and a reply is due at least seven calendar days before it. Each side has to file its own separate, numbered statement of facts — the movant lists the facts it says are undisputed, and the opposing party responds point by point and adds any facts it contends are in genuine dispute, each with citations to the record. Facts in the movant’s statement are taken as admitted unless the opposing statement controverts them. Judgment is entered if there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law — and the court can grant judgment on liability alone even while the amount of damages remains contested.
Not every motion ends the case outright. When judgment is not entered on the whole case, Rule 15-6-56(d) lets the court sift through the pleadings and evidence, question counsel, and issue an order pinning down which material facts are undisputed and which remain in real controversy. At trial, the facts the order specifies are treated as already established, narrowing what the parties still have to prove.
The rule is exacting about affidavits: they have to rest on personal knowledge, set out facts that would be admissible in evidence, and show the affiant is competent to testify to them, with sworn or certified copies of any referenced documents attached. A party opposing a properly supported motion cannot rest on the allegations or denials in its pleading — it has to respond with specific facts showing a genuine issue for trial, or judgment goes against it. If a party cannot yet marshal the facts it needs, the court can refuse the motion, order a continuance, or allow more discovery instead. And if the court finds that affidavits were submitted in bad faith or for the purpose of delay, it can order the offending party to cover the other side’s reasonable expenses and attorney’s fees, and can hold that party or its attorney in contempt.
Frequently Asked Questions
How soon after filing a South Dakota lawsuit can a plaintiff move for summary judgment?
Rule 15-6-56(a) allows a claimant to move for summary judgment after thirty days from the commencement of the action, or sooner if the opposing party has already served its own summary judgment motion.
How many days before the hearing must a summary judgment motion be served in South Dakota?
Rule 15-6-56(c) requires the motion, supporting brief, statement of undisputed material facts, and any affidavits to be served no later than twenty-eight calendar days before the hearing, unless the court sets different deadlines.
What must I include in my response to a South Dakota summary judgment motion?
Rule 15-6-56(c)(2) requires a separate, concise statement of the material facts you contend are in genuine dispute, responding to each numbered paragraph in the moving party’s statement with a separately numbered response and citations to the record.
Can a South Dakota court grant summary judgment on liability while damages are still disputed?
Yes. Rule 15-6-56(c)(3) allows an interlocutory summary judgment on the issue of liability alone even though a genuine issue remains as to the amount of damages.
What happens if a party files a summary judgment affidavit in bad faith to cause delay?
Rule 15-6-56(g) requires the court to order that party to pay the other side’s reasonable expenses, including attorney’s fees, caused by the affidavit, and it allows the court to hold the offending party or attorney in contempt.
Amendment History
(a)SD RCP, Rule 56 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SD RCP, Rule 56 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SD RCP, Rule 56 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 329 (Supreme Court Rule 06-55); SL 2007, ch 302 (SCR 06-70), effective January 1, 2007; Supreme Court Rule 07-02, effective January 1, 2008; SL 2021, ch 256 (Supreme Court Rule 21-04), effective July 1, 2021.
(d)SD RCP, Rule 56 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(e)SD RCP, Rule 56 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(f)SD RCP, Rule 56 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(g)SD RCP, Rule 56 (g), 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
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