(1) Motions to dismiss. Any party may file any motion permitted by § 15-6-12(b). Unless the court orders a stay, the filing of a motion to dismiss will not eliminate or postpone otherwise applicable pleading or disclosure requirements.
Rule 74.Motions.
Part IX: Expedited Civil Actions · Last amended 2016 · Last verified July 16, 2026
In one sentenceRule 15-6-74 lets any party file motions to dismiss and motions for summary judgment in an expedited civil action, but limits each party to one summary judgment motion due no later than 90 days before trial, and keeps normal pleading and disclosure deadlines running while a dismissal motion is pending.
Full Text of Rule 15-6-74
(2) Motions for summary judgment.
(A) Any party may file any motion permitted by § 15-6-56.
(B) Limited number. Each party may file no more than one motion for summary judgment under § 15-6- 56. The motion may include more than one ground.
(C) Deadline. Motions for summary judgment under § 15-6-56 must be filed no later than 90 days before trial.
Plain-English Summary
Rule 15-6-74 carries the general motion practice from Rule 15-6-12(b) and Rule 15-6-56 into expedited civil actions, with two added constraints tied to the article’s compressed timeline.
Any party may file any motion permitted by Rule 15-6-12(b) to dismiss the action. Filing that motion does not, by itself, pause the case: unless the court orders a stay, it does not eliminate or postpone otherwise applicable pleading or disclosure requirements. The action keeps moving on schedule while the motion is pending.
Summary judgment motions get a tighter cap. Any party may still file a motion permitted by Rule 15-6-56, but each party may file no more than one such motion, though that single motion may raise more than one ground. It must also be filed no later than 90 days before trial, which gives the court time to resolve it before the trial date set under the following rule.
Frequently Asked Questions
Can I file more than one summary judgment motion in a South Dakota expedited civil action?
No. Rule 15-6-74 limits each party to one motion for summary judgment under Rule 15-6-56, though that single motion may include more than one ground.
What is the deadline for filing a summary judgment motion in an expedited civil action?
Rule 15-6-74 requires the motion to be filed no later than 90 days before trial.
Does filing a motion to dismiss pause the case’s pleading deadlines?
No, not automatically. Rule 15-6-74 states that unless the court orders a stay, filing a motion to dismiss does not eliminate or postpone otherwise applicable pleading or disclosure requirements.
What kind of motion to dismiss can I file in an expedited civil action?
Rule 15-6-74 allows any motion permitted by Rule 15-6-12(b), the same dismissal grounds available in an ordinary civil action.
Can I raise more than one legal ground in the single summary judgment motion this rule allows?
Yes. Rule 15-6-74 states that the one permitted summary judgment motion may include more than one ground.
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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