(1) Eligible actions. This article IX governs “expedited civil actions” in which the sole relief sought is a money judgment and in which all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any kind, penalties, and attorneys’ fees, but excluding prejudgment interest accrued prior to entry of judgment, post-judgment interest, and costs.
Rule 72.Expedited civil actions — General provisions.
Part IX: Expedited Civil Actions · Last amended 2016 · Last verified July 16, 2026
In one sentenceRule 15-6-72 opens South Dakota’s expedited civil action track for cases seeking only a money judgment of $75,000 or less, explains how a plaintiff elects it or parties stipulate into it, caps recoverable damages, and sets out when a court can terminate expedited treatment.
Full Text of Rule 15-6-72
(2) Excluded actions. This article IX does not apply to small claims or domestic relations cases.
(3) Electing expedited procedures. An eligible plaintiff may elect to proceed by filing an expedited civil action and by certifying that the sole relief sought is a money judgment and that all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any kind, penalties, and attorneys’ fees, but excluding prejudgment interest accrued prior to entry of judgment, post-judgment interest, and costs. The certification must be on a form approved by the Supreme Court and signed by all plaintiffs and their attorneys if represented. (See Form 27). The certification is not admissible to prove a plaintiff’s damages in the expedited civil action or in any other proceeding.
(4) South Dakota Rules of Civil Procedure otherwise apply. Except as otherwise specifically provided by this rule, the South Dakota Rules of Civil Procedure are applicable to expedited civil actions.
(5) Limitation on damages. Except as provided in subdivision (6), a party proceeding under this article IX may not recover a judgment in excess of $75,000, nor may a judgment be entered against a party in excess of $75,000, excluding prejudgment interest that accrues prior to entry of judgment, post-judgment interest, and costs. The jury, if any, must not be informed of the $75,000 limitation. If the jury returns a verdict for damages in excess of $75,000 for or against a party, the court may not enter judgment on that verdict in excess of $75,000, exclusive of prejudgment interest that accrues prior to entry of judgment, post-judgment interest, and costs.
(6) Stipulated expedited civil action. In a civil action not eligible under subdivision (1) and not excluded by subdivision (2), the parties may request to proceed as an expedited civil action upon the parties’ filing of a Joint Motion to Proceed as an Expedited Civil Action. (See Form 28). If the court grants the parties’ motion, and unless the parties have otherwise agreed, the parties will not be bound by the $75,000 limitation on judgments in subdivision (5). The parties may enter into additional stipulations regarding damages and attorneys’ fees. Unless otherwise ordered, the joint motion and any stipulations must not be disclosed to the jury.
(7) Termination of expedited civil action. Upon timely application of any party, the court may terminate application of this rule and enter such orders as are appropriate under the circumstances if:
(A) The moving party makes a specific showing of substantially changed circumstances or other good cause sufficient to render the application of this rule unfair; or
(B) A party has in good faith filed a compulsory counterclaim that seeks relief other than that allowed under subdivision (1).
(8) Permissive counterclaims. Permissive counterclaims are subject to the $75,000 limitation on damages under subdivision (5), unless the court severs the permissive counterclaim.
(9) Side. As used throughout this article IX, the term “side” refers to all the litigants with generally common interests in the litigation.
Plain-English Summary
Rule 15-6-72 defines the front door to South Dakota’s expedited civil action process. A case is eligible when the sole relief sought is a money judgment and all claims by or against any one party, other than compulsory counterclaims, total $75,000 or less. That figure includes damages of any kind, penalties, and attorneys’ fees, but excludes prejudgment interest accrued before judgment, post-judgment interest, and costs. Small claims and domestic relations cases fall outside the process entirely.
An eligible plaintiff elects the track by filing the action and certifying, on a Supreme Court-approved form signed by all plaintiffs and their attorneys, that it meets the eligibility criteria. That certification cannot be used to prove damages in the expedited action or in any other proceeding. Apart from the provisions in this article, the ordinary South Dakota Rules of Civil Procedure continue to apply.
The $75,000 figure works as a hard ceiling on recovery, not just an entry ticket. A party proceeding under the article cannot recover, and a judgment cannot be entered, above that amount, and the jury never learns the number exists. If a verdict comes back higher, the court reduces the judgment to the cap. Parties who do not otherwise qualify can still opt in together through a joint motion to proceed as an expedited civil action, and once the court grants that motion, the $75,000 cap no longer applies unless the parties agreed otherwise.
A court can pull a case back out of the expedited track on timely application, if the moving party shows substantially changed circumstances or other good cause that makes the rule unfair to apply, or if a party has in good faith filed a compulsory counterclaim seeking relief beyond what the article allows. Permissive counterclaims stay subject to the $75,000 cap unless the court severs them. Throughout the article, a side refers to all the litigants who share generally common interests in the case, which matters for counting the discovery and expert allowances the following rules set per side.
Frequently Asked Questions
What kinds of cases qualify for South Dakota’s expedited civil action process?
Rule 15-6-72 covers cases where the sole relief sought is a money judgment and all claims by or against any one party, other than compulsory counterclaims, total $75,000 or less, including damages, penalties, and attorneys’ fees but excluding prejudgment interest before judgment, post-judgment interest, and costs. Small claims and domestic relations cases are excluded.
How does a plaintiff choose to file as an expedited civil action?
Rule 15-6-72 requires the plaintiff to certify, on a Supreme Court-approved form signed by all plaintiffs and their attorneys, that the sole relief sought is a money judgment and that the claims fall within the $75,000 threshold.
Will the jury know the case is subject to the $75,000 damages cap?
No. Rule 15-6-72 states the jury must not be informed of the limitation, and if it returns a verdict above $75,000, the court may not enter judgment on that verdict above the cap.
Can parties agree to use the expedited process even if their case does not otherwise qualify?
Yes. Rule 15-6-72 lets parties file a joint motion to proceed as an expedited civil action, and once the court grants it, the $75,000 cap no longer binds them unless they have agreed otherwise.
Can a court take a case out of the expedited track after it has started?
Yes, on timely application, if the moving party shows substantially changed circumstances or other good cause making the rule unfair to apply, or if a party has in good faith filed a compulsory counterclaim seeking relief beyond what Rule 15-6-72 allows.
Amendment History
—SL 2016, ch 238 (SCR 15-16), effective January 1, 2016.
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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