15-14-6.1. Challenges for cause in a civil case.
Challenges for cause may be taken on any of the following grounds:
(1)The prospective juror does not meet one of the qualifications required by §16-13-10 or is disqualified under that section;
(2)The prospective juror is related by consanguinity or affinity within the fourth degree, as defined by §23A-20-30, to a party in the case;
(3)The prospective juror is a member of the family of a party or one of the attorneys in the case;
(4)The prospective juror has a relationship of guardian and ward, master and servant, employer and employee, landlord and tenant, or principal and agent with an attorney or a party in the case;
(5)The prospective juror is a partner or associate in business with an attorney or a party in the case;
(6)The prospective juror is a surety on a bond or an obligation for an attorney or a party in the case;
(7)The prospective juror, presently, has a relationship of attorney and client with one of the attorneys in the case or has had such a relationship within one year previously;
(8)The prospective juror is an officer, agent, or employee of a corporation, between which corporation and an attorney in the case, the relationship of attorney and client exists;
(9)The prospective juror is the spouse of an attorney in the case;
(10)The prospective juror is the spouse of any other prospective juror who would be subject to a challenge for cause under this section;
(11)The prospective juror previously served as a juror or was a witness in a previous trial between the same parties for the same cause of action;
(12)The prospective juror has a pecuniary interest in the outcome of the case, except an interest as a member or citizen of a municipal corporation or other government unit;
(13)The prospective juror has knowledge of some or all of the material facts of the case and has an unqualified opinion or belief as to the merits of the case;
(14)The prospective juror has a state of mind evincing enmity against, or bias to or against a party in the case;
(15)Within two years prior to being summoned, the prospective juror served as a juror in the county during a prior term of jury service pursuant to §16-13-22;
(16)The prospective juror has a civil case pending in the county exclusive of small claims actions;
(17)If a talesman, the prospective juror applied directly or indirectly to a sheriff, deputy sheriff, or coroner of the county to be summoned for jury duty;
(18)A challenge for actual bias showing the existence of a state of mind on the part of a prospective juror, in reference to the case or to a party, that satisfies the court, in the exercise of sound discretion, that the juror cannot try the issue impartially, without prejudice to the substantial rights of the party challenging.
Source: SL 1999, ch 277; SL 2002, ch 249, §2.
Structure South Dakota Codified Laws
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 15-14-8 - 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 15-14-23 - 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 15-14-29 - 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.