At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state.
Rule 64.Seizure of Person or Property
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-64 makes every state-law remedy for seizing a person or property to secure eventual satisfaction of a judgment available at the start of and throughout a South Dakota civil action, without creating its own separate seizure procedure.
Full Text of Rule 15-6-64
Plain-English Summary
Rule 15-6-64 is a bridge rather than a standalone procedure. Rather than building its own process for seizing a person or property before judgment, it opens the door to whatever remedies South Dakota law already provides for that purpose — the kind of prejudgment security devices, such as attachment, that let a plaintiff protect its eventual recovery while the case is still being litigated. Those remedies are available under the circumstances and in the manner state law sets, from the moment the action commences and throughout its course.
The rule sits at the start of Part VIII’s group of provisional and final remedies, alongside injunctions and restraining orders in Rule 15-6-65, receivers in Rule 15-6-66, and deposits with the court in Rule 15-6-67. Each addresses a different way of protecting what a plaintiff hopes to recover, or of managing property caught up in a dispute, while the underlying claim works its way toward judgment.
Frequently Asked Questions
Does South Dakota law let a plaintiff seize property before winning a judgment?
Yes. Rule 15-6-64 makes remedies for seizing a person or property to secure eventual satisfaction of a judgment available under the circumstances and manner provided by South Dakota law.
Does Rule 15-6-64 itself spell out the procedure for attaching property?
No. It points instead to remedies available under the circumstances and in the manner provided by the law of the state, rather than creating its own attachment procedure.
When during a South Dakota lawsuit are seizure remedies available under this rule?
Rule 15-6-64 makes them available at the commencement of and during the course of the action.
Is seizure of a person still available as a remedy under South Dakota’s civil rules?
Yes. Rule 15-6-64 covers remedies providing for seizure of person or property, not property alone.
What is the purpose of seizing property before a South Dakota case is decided?
Rule 15-6-64 describes the purpose as securing satisfaction of the judgment ultimately to be entered in the action.
Amendment History
—SD RCP, Rule 64, 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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