15-5-6. Venue based on residence of defendant--Nonresident defendants--Payment of jurors' fees and mileage--Stipulation to venue.
In all other cases, except as provided in §15-5-7, 15-5-8, or 15-5-8.1, the action shall be tried in the county in which the defendant or defendants, or any of them, shall reside at the commencement of the action. However, if none of the defendants reside in the state, the action may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the court to change the place of trial in the cases provided by statute. In the second event, the jurors' fees and mileage payments shall be paid by the parties in such proportions as the court may order. If the parties stipulate to a venue which is not specified in §§15-5-1 to 15-5-5, inclusive, the first sentence of this section, §15-5-7, 15-5-8, or 15-5-8.1, the stipulation must be approved by a court order which also provides for the payment of jurors' fees and mileage payments by the parties.
Source: SDC 1939 & Supp 1960, §33.0304; SL 1976, ch 146; SL 1985, ch 158; SL 2016, ch 110, §2.
Structure South Dakota Codified Laws
Section 15-5-1 - Venue based on location of subject matter.
Section 15-5-2 - Venue where cause of action arose.
Section 15-5-3 - Venue of actions on life, health and accident insurance policies.
Section 15-5-7 - Venue of action on promissory note.
Section 15-5-8 - Venue of actions for conversion or recovery of damages.
Section 15-5-8.1 - Venue of actions arising out of real property lease agreements.
Section 15-5-9 - Dismissal of action where party added to control venue.
Section 15-5-11 - Grounds for change of venue.
Section 15-5-12 - Continuation of proceedings after change of venue--Transfer of papers.