(a) Required pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of § 15-6-14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
Rule 7.Pleadings Allowed — Form of Motions
Part III: Pleadings and Motions · Last amended 2006 · Last verified July 16, 2026
In one sentenceRule 15-6-7 lists the only pleadings allowed in a South Dakota civil action — complaint, answer, and a few others tied to counterclaims, cross-claims, and third-party practice — and sets the basic requirements for how a motion must be made, while barring the old common-law demurrer.
Full Text of Rule 15-6-7
(b) Application for order.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this chapter.
(3) Exhibits and other attachments to motions are subject to the provisions of Rule 11 and the protective provisions of § 15-6-26(c).
(c) No demurrers, pleas or exceptions. Demurrers, pleas and exceptions for insufficiency of a pleading shall not be used.
Plain-English Summary
Rule 15-6-7 limits how many rounds of paper a case can generate. Subdivision (a) names the pleadings the rule allows: a complaint and an answer, a reply to a counterclaim, an answer to a cross-claim when the answer contains one, a third-party complaint when someone is brought in under Rule 15-6-14, and a third-party answer responding to it. No other pleading is permitted, though the court retains discretion to order a reply to an answer or a third-party answer when it wants one.
Subdivision (b) sets what a motion must look like. It must generally be in writing, state the grounds with particularity, and set out the relief sought, though a motion can also be made orally during a hearing or trial. The same formatting rules that apply to pleadings — captions, signatures, and the like — apply equally to motions and other papers filed under this chapter, and exhibits attached to a motion are subject to the signing obligations of Rule 15-6-11 and the protective provisions for discovery material in Rule 15-6-26(c).
Subdivision (c) closes the door on an older style of practice: demurrers, pleas, and exceptions challenging the sufficiency of a pleading are not allowed. That kind of challenge is instead raised by motion under rules like Rule 15-6-12, keeping the pleading practice this rule describes simpler than the common-law forms it replaced.
Frequently Asked Questions
What pleadings are allowed in a South Dakota civil case?
Rule 15-6-7(a) allows a complaint, an answer, a reply to a counterclaim, an answer to a cross-claim, a third-party complaint under Rule 15-6-14, and a third-party answer. No other pleading is allowed except a reply the court orders.
Can a court require a party to file a reply to an answer?
Yes. Rule 15-6-7(a) states that no pleading beyond the ones it lists is allowed, except that the court may order a reply to an answer or a third-party answer.
Does a motion have to be in writing in South Dakota?
Generally yes. Rule 15-6-7(b)(1) requires a motion to be made in writing, state the grounds with particularity, and set out the relief sought, unless the motion is made during a hearing or trial.
Are demurrers still used in South Dakota civil practice?
No. Rule 15-6-7(c) states that demurrers, pleas, and exceptions for insufficiency of a pleading are not used; a challenge to a pleading’s sufficiency is instead raised by motion.
Do the same formatting rules for pleadings apply to motions?
Yes. Rule 15-6-7(b)(2) applies the rules on captions, signing, and other matters of form for pleadings to all motions and other papers filed under this chapter.
Amendment History
(a)SDC 1939 & Supp 1960, § 33.0901; SD RCP, Rule 7 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SDC 1939 & Supp 1960, § 33.1001; SD RCP, Rule 7 (b), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966; SL 2001, ch 295 (Supreme Court Rule 01-03); 2006, ch 278 (Supreme Court Rule 06-04).
(c)SDC 1939 & Supp 1960, § 33.0902; SD RCP, Rule 7 (c), 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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