Rule 81.Applicability
Part XI: General Provisions · Last amended 1966 · Last verified July 16, 2026
Full Text of Rule 15-6-81
Note: (b) Omitted.
Plain-English Summary
Rule 15-6-81 marks the boundaries of the whole civil procedure chapter. Subdivision (a) preserves existing procedure for the statutory and other proceedings included in, but not limited to, those listed in Appendix A to the chapter, insofar as those existing procedures are inconsistent or conflict with the chapter. Those specialized proceedings keep running on their own track rather than automatically folding into the general civil rules. This page skips from subdivision (a) to subdivision (c) because subdivision (b) is omitted and carries no current text.
Subdivision (c) protects a specific category from being displaced: the chapter does not supersede statutes governing appeals to the circuit courts. Those appellate statutes keep controlling that process on their own terms.
Subdivision (d) works in the opposite direction, pulling proceedings into the chapter rather than excluding them. Where any statute, whether enacted before or after this chapter and whether or not it is listed in Appendix A, provides that an act in a civil proceeding must be done in the manner provided by law, that act is done in accordance with this chapter. So a statute that defers to whatever procedure the law provides ends up pointing back at these rules.
Frequently Asked Questions
Does the South Dakota Rules of Civil Procedure chapter control every kind of court proceeding?
No. Rule 15-6-81(a) preserves existing procedure for the statutory and other proceedings listed in Appendix A, and others like them, insofar as that procedure is inconsistent or conflicts with the chapter.
What happened to subdivision (b) of Rule 15-6-81?
It carries no current text. The source of this rule marks subdivision (b) as omitted, so the live text runs from subdivision (a) to subdivision (c).
Does this chapter change how appeals to circuit court work?
No. Rule 15-6-81(c) states the chapter does not supersede the provisions of statutes relating to appeals to the circuit courts.
If a statute says an act in a civil proceeding must follow the manner provided by law, which procedure applies?
Rule 15-6-81(d) directs that act to be done in accordance with this chapter, whether the statute predates or postdates the chapter and whether or not it is listed in Appendix A.
What is Appendix A, as referenced in this rule?
Rule 15-6-81 refers to it as the appendix listing statutory and other proceedings whose pleadings, practice, and procedure this chapter does not govern when they are inconsistent with or conflict with the chapter.