15-39-45. Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted.
The Supreme Court may amend and repeal uniform rules of practice applicable to circuit and magistrate courts in this state, providing for a simple, informal, and inexpensive procedure, hereinafter called the procedure, for the determination according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel; for the collection of fees, costs, or civil penalties assessed by local governmental entities; and for review of judgments upon such claims when justice so requires.
Exemplary or punitive damages may not be awarded under this chapter, except as provided in chapter 60-11, chapter 22-30A, and §§43-32-6 and 43-32-24.
Source: SDC 1939, §33.4101; SL 1959, ch 231; SDCL §15-39-1; SL 1971, ch 149; SL 1974, ch 153, §19; SL 1977, ch 178, §3; SL 1980, ch 168, §1; Supreme Court Rule 81-4; SL 1983, ch 158, §2; SL 1986, ch 167, §1; SL 1992, ch 149, §1; SL 1992, ch 150; SL 1999, ch 103, §1; SL 2009, ch 100, §1.
Structure South Dakota Codified Laws
Chapter 39 - Small Claims Procedure
Section 15-39-45.1 - Jurisdictional amount of claim.
Section 15-39-46 - Alternative to action begun by summons.
Section 15-39-47 - Persons authorized to act as attorney--Notice to attorney.
Section 15-39-49 - Addresses of parties stated to clerk--Filing in docket.
Section 15-39-50 - Determination of sufficiency of plaintiff's statement.
Section 15-39-51 - Deputy clerk authorized to act--Magistrate to perform clerk's duties.
Section 15-39-53 - Court rules may provide for modified procedure.
Section 15-39-54 - Time of hearing on claim.
Section 15-39-55 - Notice valid though refused by defendant--Further notice on failure of delivery.
Section 15-39-58 - Transmittal of papers upon removal--Pleadings and speedy trial.
Section 15-39-62 - Docket entries transmitted on removal to circuit court.
Section 15-39-64 - Default of defendant failing to comply with requirements.
Section 15-39-65 - Docket entry as to defense--Contents of entry.
Section 15-39-67 - Amendment of claim or answer.
Section 15-39-68 - Disposition of claim on failure of plaintiff to appear for hearing.
Section 15-39-70 - Subpoenas for witnesses.
Section 15-39-71 - Witnesses and evidence received on hearing.
Section 15-39-72 - Signature of docket on determination of action.
Section 15-39-75 - Grounds for vacation of judgment and stay of execution--Repayment ordered.
Section 15-39-76 - Costs awarded on motion to vacate judgment.
Section 15-39-76.1 - Notice of payment of judgment.
Section 15-39-76.2 - Cancellation of judgment or transcript--Notice by prevailing party or attorney.
Section 15-39-77 - Guardian ad litem.