South Dakota Codified Laws
Chapter 14 - Conduct Of Jury Trials
Section 15-14-28 - Receipt and reading of verdict when five-sixths vote sufficient--Inquiry--Dissenting votes.

15-14-28. Receipt and reading of verdict when five-sixths vote sufficient--Inquiry--Dissenting votes.
In the actions provided for in §15-14-27, when the jury has agreed upon their verdict, they shall be conducted into court, their names shall be called by the clerk and the verdict shall be rendered by their foreman. The verdict shall be in writing signed by the foreman and shall be read by the clerk to the jury and the inquiry made whether it is their verdict. If two or more of the jury disagree, they shall be sent out again. If five of the jury agree to the verdict, it shall be the verdict of the jury and so recorded.

Source: SDC 1939 & Supp 1960, §33.1335; SL 1997, ch 112, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 14 - Conduct Of Jury Trials

Section 15-14-1 - Order of proceedings at trial.

Section 15-14-2 - Order of presentation of evidence and argument by different counsel.

Section 15-14-3 - Names of jurors deposited in suitable container.

Section 15-14-4 - Procedure for challenging jury panel.

Section 15-14-5 - Drawing of names from container.

Section 15-14-6.1 - Challenges for cause in a civil case.

Section 15-14-7 - Challenge of individual jurors--Number of peremptory challenges--Alternating by parties.

Section 15-14-8 - Challenges when several parties on one side.

Section 15-14-9 - Trial of jury challenges for cause--Witnesses.

Section 15-14-10 - Procedure for peremptory challenges--Replacement of jurors challenged.

Section 15-14-10.1 - Choosing alternate jurors.

Section 15-14-10.2 - Number of prospective jurors.

Section 15-14-10.3 - Selection of prospective jurors.

Section 15-14-10.4 - Determining manner of exercising peremptory challenge.

Section 15-14-10.5 - Exercise of peremptory challenge.

Section 15-14-11 - Oath of jurors--Affirmation.

Section 15-14-12 - Admonitions by court on separation of jury.

Section 15-14-13 - Discharge of juror unable to proceed with trial--Proceedings after discharge.

Section 15-14-14 - Stenographic report of opening statements not required.

Section 15-14-15 - One counsel on each side to examine witness.

Section 15-14-16 - View of premises by jury.

Section 15-14-17 - Number of counsel and time allowed for argument to jury.

Section 15-14-18 - Scope of argument to jury--Argument on law.

Section 15-14-19 - Retirement of jury for deliberation.

Section 15-14-20 - Papers, exhibits, and notes taken into jury room.

Section 15-14-21 - Communications to and from jury during deliberations.

Section 15-14-22 - Other business of court during jury deliberations--Case open until jury discharged.

Section 15-14-23 - Verdict to include value and damages in action for recovery of personal property.

Section 15-14-24 - Sealed verdict directed on agreement during adjournment.

Section 15-14-25 - Receipt from jury and reading of verdict--Inquiry--Number of votes required.

Section 15-14-26 - Polling of jury--Dissenting votes.

Section 15-14-27 - Actions in which five-sixths vote by jury sufficient.

Section 15-14-28 - Receipt and reading of verdict when five-sixths vote sufficient--Inquiry--Dissenting votes.

Section 15-14-29 - Polling of jury when five-sixths vote sufficient--Dissenting votes.

Section 15-14-30 - Correction of irregularities in verdict.

Section 15-14-31 - Minute entry on receipt of verdict--Contents.

Section 15-14-32 - Jury discharged by final adjournment for term.

Section 15-14-33 - New trial after verdict not returned.