12-22-17. Hearing on contest--Default judgment prohibited.
After answer has been interposed or after time for answer has expired, and when no answer is interposed, the court on application of any party, and on five days' notice to all other parties, unless the court for cause shall shorten such time, shall conduct a hearing on which a date for trial shall be fixed, which date shall be as early as reasonably possible, and the procedure to be followed determined, with full power in the court to provide for any and all of the matters specified in §12-22-10. No judgment shall be entered by default, and if no answer is interposed, the court shall nevertheless proceed to determine the relevant and material facts.
Source: SDC 1939, §16.1914.
Structure South Dakota Codified Laws
Section 12-22-1 - "Contest" defined.
Section 12-22-2 - Candidate's right to institute contest--Legislative contests excepted.
Section 12-22-3 - Right to institute contest on submitted question--Judge's permission required.
Section 12-22-5 - Time of commencement of contest--Commencement after recount.
Section 12-22-6 - Time of commencement of contest of presidential election.
Section 12-22-7 - Original jurisdiction of contests.
Section 12-22-8 - Summons and complaint to commence contest.
Section 12-22-9 - Service of summons and complaint--Time of serving.
Section 12-22-10 - Court orders to expedite proceedings.
Section 12-22-12 - Intervention by other candidates--Assertion of right to nomination or office.
Section 12-22-13 - Designation of defendants in contest of presidential election.
Section 12-22-14 - Title of proceeding on submitted question.
Section 12-22-15 - Service of summons and complaint in contest on submitted question--Intervention.
Section 12-22-17 - Hearing on contest--Default judgment prohibited.
Section 12-22-20 - Certiorari to review recount as alternative remedy--Consolidation of proceedings.
Section 12-22-24 - Procedure as in other civil proceedings.
Section 12-22-26 - Notice of intention to institute legislative contest--Time for service--Answer.
Section 12-22-27 - Depositions in legislative contest--Filing with secretary of state.
Section 12-22-28 - Public funds not used for legislative contest.
Section 12-22-31 - Service of order fixing hearing date on primary contest--Answer.
Section 12-22-32 - Hearing of primary contest in or out of term--Preference in order of hearing.
Section 12-22-34 - Elections to which primary contest law applies.
Section 12-22-35 - Supreme Court jurisdiction of primary contests for state office.