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Chapter 01 - Definitions And General Provisions
Section 15-1-1 - Definition of terms. - 15-1-1. Definition of terms. The following words have in this...
Section 15-1-2 - Civil and criminal remedies not merged. - 15-1-2. Civil and criminal remedies not merged. Where the violation...
Section 15-1-3 - Time during which action is pending. - 15-1-3. Time during which action is pending. An action is...
Section 15-1-4 - Procedure for acquiring signature of judge when no judge available. - 15-1-4. Procedure for acquiring signature of judge when no judge...
Chapter 02 - Limitation Of Actions Generally
Section 15-2-1 - Commencement of civil actions limited by prescribed periods--Manner of objecting to commencement. - 15-2-1. Commencement of civil actions limited by prescribed periods--Manner of...
Section 15-2-2 - Application of limitations to actions by or for state--Exceptions. - 15-2-2. Application of limitations to actions by or for state--Exceptions....
Section 15-2-3 - Cause of action based on fraud accruing on discovery or notice. - 15-2-3. Cause of action based on fraud accruing on discovery...
Section 15-2-4 - Accrual of cause of action on open account. - 15-2-4. Accrual of cause of action on open account. In...
Section 15-2-5 - Accrual of cause of action for mortgage foreclosure. - 15-2-5. Accrual of cause of action for mortgage foreclosure. For...
Section 15-2-5.1 - Limitation of action to challenge validity on nonjudicial foreclosure of real property mortgage. - 15-2-5.1. Limitation of action to challenge validity on nonjudicial foreclosure...
Section 15-2-6 - Actions on state judgments and sealed instruments. - 15-2-6. Actions on state judgments and sealed instruments. Except where,...
Section 15-2-7 - Actions to foreclose real estate mortgages. - 15-2-7. Actions to foreclose real estate mortgages. Except where, in...
Section 15-2-8 - Judgment of federal or foreign court--Mentally ill person's support--Abstracter's bond--Relief not otherwise provided for. - 15-2-8. Judgment of federal or foreign court--Mentally ill person's support--Abstracter's...
Section 15-2-12.2 - Product liability actions--Prospective application. - 15-2-12.2. Product liability actions--Prospective application. An action against a manufacturer,...
Section 15-2-13 - Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument. - 15-2-13. Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting...
Section 15-2-14 - Action against sheriff, coroner, or constable--Action for statutory penalty or forfeiture--Action for personal injury. - 15-2-14. Action against sheriff, coroner, or constable--Action for statutory penalty...
Section 15-2-14.1 - Time for bringing medical malpractice actions--Counterclaims--Prospective application. - 15-2-14.1. Time for bringing medical malpractice actions--Counterclaims--Prospective application. An action...
Section 15-2-14.2 - Time for bringing legal malpractice actions--Prospective application. - 15-2-14.2. Time for bringing legal malpractice actions--Prospective application. An action...
Section 15-2-14.3 - Time for bringing action against professional corporation--Corporate character and status unaffected. - 15-2-14.3. Time for bringing action against professional corporation--Corporate character and...
Section 15-2-14.4 - Time for bringing action against licensed public accountant. - 15-2-14.4. Time for bringing action against licensed public accountant. Any...
Section 15-2-14.5 - Time for bringing action against veterinarian--Counterclaims. - 15-2-14.5. Time for bringing action against veterinarian--Counterclaims. An action against...
Section 15-2-14.6 - Time for bringing action against real estate licensees, agents, and employees--Prospective application. - 15-2-14.6. Time for bringing action against real estate licensees, agents,...
Section 15-2-14.7 - Time for bringing action against firm of real estate broker, agent, or employee--Prospective application. - 15-2-14.7. Time for bringing action against firm of real estate...
Section 15-2-14.8 - Time for bringing action against certain professional corporations and professional practitioners for acts or omissions occurring prior to January 1, 1980. - 15-2-14.8. Time for bringing action against certain professional corporations and...
Section 15-2-15 - Actions for libel, slander, assault, battery, or false imprisonment--Actions for statutory forfeitures or penalties--Actions concerning wages. - 15-2-15. Actions for libel, slander, assault, battery, or false imprisonment--Actions...
Section 15-2-15.2 - Time for bringing action under federal civil rights statutes. - 15-2-15.2. Time for bringing action under federal civil rights statutes....
Section 15-2-16 - Limitation of actions for recovery of municipal funds unlawfully expended. - 15-2-16. Limitation of actions for recovery of municipal funds unlawfully...
Section 15-2-17 - Actions for escape of prisoner arrested on civil process--Statutory forfeiture or penalty--Petty offense. - 15-2-17. Actions for escape of prisoner arrested on civil process--Statutory...
Section 15-2-18 - Actions on instruments circulated as money not limited by provisions. - 15-2-18. Actions on instruments circulated as money not limited by...
Section 15-2-19 - Actions against bank directors, shareholders, agents, or employees. - 15-2-19.Actions against bank directors, shareholders, agents, or employees. No action...
Section 15-2-20 - Tolling of statute during absence of defendant from state--Real estate mortgage foreclosure actions excepted. - 15-2-20. Tolling of statute during absence of defendant from state--Real...
Section 15-2-21 - Running of statute against enemy alien during war. - 15-2-21. Running of statute against enemy alien during war. When...
Section 15-2-22 - Tolling of statute during disability--Maximum period of extension--Actions excepted. - 15-2-22. Tolling of statute during disability--Maximum period of extension--Actions excepted....
Section 15-2-23 - Disability to have existed when right of action accrued. - 15-2-23. Disability to have existed when right of action accrued....
Section 15-2-24 - Coexisting disabilities. - 15-2-24. Coexisting disabilities. When two or more disabilities coexist at...
Section 15-2-25 - Tolling of statute during injunction or statutory prohibition. - 15-2-25. Tolling of statute during injunction or statutory prohibition. When...
Section 15-2-28 - Mortgage presumed paid after fifteen years--Tolling provisions not applicable. - 15-2-28. Mortgage presumed paid after fifteen years--Tolling provisions not applicable....
Section 15-2-29 - Writing required for acknowledgment or promise to take case out of operation of chapter. - 15-2-29. Writing required for acknowledgment or promise to take case...
Section 15-2-30 - Commencement of action by service of summons--Summons on codefendant. - 15-2-30. Commencement of action by service of summons--Summons on codefendant....
Section 15-2-31 - Attempted commencement of action by delivery of summons to sheriff--Publication or service following attempt. - 15-2-31. Attempted commencement of action by delivery of summons to...
Section 15-2-32 - New action after reversal of judgment on appeal. - 15-2-32. New action after reversal of judgment on appeal. If...
Section 15-2-33 - Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties. - 15-2-33. Dismissal without prejudice subject to plaintiff's right to satisfy...
Section 15-2-34 - Action for recovery of damages against regional airport authority--Commencement. - 15-2-34. Action for recovery of damages against regional airport authority--Commencement....
Section 15-2-35 - Action against real estate appraiser or employee for malpractice, error, mistake, or omission. - 15-2-35. Action against real estate appraiser or employee for malpractice,...
Section 15-2-36 - Actions for breach of trust against qualified persons. - 15-2-36. Actions for breach of trust against qualified persons. If...
Chapter 02A - Limitation Of Actions For Construction Deficiencies
Section 15-2A-1 - Legislative findings--Ten-year limitation--Exceptions. - 15-2A-1. Legislative findings--Ten-year limitation--Exceptions. The Legislature finds that subsequent to...
Section 15-2A-2 - Legislative intent. - 15-2A-2. Legislative intent. The Legislature intends that this chapter shall...
Section 15-2A-3 - Time for bringing action--Date of substantial completion. - 15-2A-3. Time for bringing action--Date of substantial completion. No action...
Section 15-2A-4 - Persons in control of improvement may not assert limitation. - 15-2A-4. Persons in control of improvement may not assert limitation....
Section 15-2A-5 - Injuries occurring in tenth year. - 15-2A-5. Injuries occurring in tenth year. Notwithstanding the provisions of...
Section 15-2A-6 - Periods otherwise prescribed not extended--Cause of action not created. - 15-2A-6. Periods otherwise prescribed not extended--Cause of action not created....
Section 15-2A-7 - Persons guilty of fraud or willful misconduct may not assert limitation. - 15-2A-7. Persons guilty of fraud or willful misconduct may not...
Section 15-2A-8 - Express warranty or guaranty. - 15-2A-8. Express warranty or guaranty. The limitations prescribed in this...
Section 15-2A-9 - Tolling provisions. - 15-2A-9. Tolling provisions. The tolling provisions set forth in §15-2-22...
Section 15-2A-10 - Prospective application. - 15-2A-10. Prospective application. This chapter is prospective in application. Source:...
Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate
Section 15-3-1 - Seizin or possession within twenty years required for action to recover real property or possession. - 15-3-1. Seizin or possession within twenty years required for action...
Section 15-3-2 - Seizin or possession within twenty years required for cause of action or defense based on title to real property. - 15-3-2. Seizin or possession within twenty years required for cause...
Section 15-3-3 - Limitation of actions based on entry on real estate. - 15-3-3. Limitation of actions based on entry on real estate....
Section 15-3-4 - Limitation of actions by state based on title to real property. - 15-3-4. Limitation of actions by state based on title to...
Section 15-3-5 - Grantee of state limited by limitations applicable to state. - 15-3-5. Grantee of state limited by limitations applicable to state....
Section 15-3-6 - Limitation of actions to recover real property after invalidation of state grant. - 15-3-6. Limitation of actions to recover real property after invalidation...
Section 15-3-7 - Possession of real property presumed from legal title--Occupation by another presumed subordinate to legal title. - 15-3-7. Possession of real property presumed from legal title--Occupation by...
Section 15-3-8 - Tenant's possession deemed that of landlord--Continuation after termination of tenancy. - 15-3-8. Tenant's possession deemed that of landlord--Continuation after termination of...
Section 15-3-9 - Possessory right not impaired by descent on death of person in possession. - 15-3-9. Possessory right not impaired by descent on death of...
Section 15-3-10 - Twenty years' possession under written instrument or judgment deemed adverse possession--Tract divided into lots. - 15-3-10. Twenty years' possession under written instrument or judgment deemed...
Section 15-3-11 - Acts constituting adverse possession based on written instrument or judgment. - 15-3-11. Acts constituting adverse possession based on written instrument or...
Section 15-3-12 - Actual occupation required for adverse possession under claim other than written instrument or judgment. - 15-3-12. Actual occupation required for adverse possession under claim other...
Section 15-3-13 - Acts constituting adverse possession under claim other than written instrument or judgment. - 15-3-13. Acts constituting adverse possession under claim other than written...
Section 15-3-14 - Tolling of statute during disability--Time for commencement of action after removal of disability. - 15-3-14. Tolling of statute during disability--Time for commencement of action...
Section 15-3-15 - Vesting of title by possession and payment of taxes for ten years under color of title--Continuation of possession and tax payment by successor in interest. - 15-3-15. Vesting of title by possession and payment of taxes...
Section 15-3-16 - Vesting of title to unoccupied land by payment of taxes for ten years under color of title--Continuation of tax payment by successor in interest. - 15-3-16. Vesting of title to unoccupied land by payment of...
Section 15-3-17 - Tax payment vesting provisions not applicable to public lands or religious or charitable societies. - 15-3-17. Tax payment vesting provisions not applicable to public lands...
Section 15-3-18 - Tax payment vesting provisions not applicable against person under disability--Time for commencement of action after removal of disability . - 15-3-18. Tax payment vesting provisions not applicable against person under...
Section 15-3-19 - Time allowed for assertion of irregularities in notice involving real property--Persons under disability. - 15-3-19. Time allowed for assertion of irregularities in notice involving...
Section 15-3-20 - Partition fence agreement. - 15-3-20. Partition fence agreement. Adjacent landowners in an unincorporated area...
Section 15-3-21 - Real estate taxes following determination of adverse possession. - 15-3-21. Real estate taxes following determination of adverse possession. Upon...
Section 15-3-22 - Existing utility lines not affected. - 15-3-22. Existing utility lines not affected. No agreement or judicial...
Chapter 04 - Abatement And Survival Of Actions
Section 15-4-1 - Causes of action surviving death of party--Brought by or against legal representative. - 15-4-1. Causes of action surviving death of party--Brought by or...
Section 15-4-2 - Action continues where cause of action survives. - 15-4-2. Action continues where cause of action survives. No action...
Section 15-4-3 - Death of party after verdict or decision and before judgment--Judgment payable in course of administration. - 15-4-3. Death of party after verdict or decision and before...
Section 15-4-4 - Death of nonresident appellant pending appeal--Revival and substitution of representative required to avoid affirmance. - 15-4-4. Death of nonresident appellant pending appeal--Revival and substitution of...
Chapter 05 - Venue Of Actions
Section 15-5-1 - Venue based on location of subject matter. - 15-5-1. Venue based on location of subject matter. Actions for...
Section 15-5-2 - Venue where cause of action arose. - 15-5-2. Venue where cause of action arose. Actions for the...
Section 15-5-3 - Venue of actions on life, health and accident insurance policies. - 15-5-3. Venue of actions on life, health and accident insurance...
Section 15-5-5 - Venue of actions on contracts and bonds other than fidelity bond issued by domestic company. - 15-5-5. Venue of actions on contracts and bonds other than...
Section 15-5-6 - Venue based on residence of defendant--Nonresident defendants--Payment of jurors' fees and mileage--Stipulation to venue. - 15-5-6. Venue based on residence of defendant--Nonresident defendants--Payment of jurors'...
Section 15-5-7 - Venue of action on promissory note. - 15-5-7. Venue of action on promissory note. An action upon...
Section 15-5-8 - Venue of actions for conversion or recovery of damages. - 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. - 15-5-8.1. Venue of actions arising out of real property lease...
Section 15-5-9 - Dismissal of action where party added to control venue. - 15-5-9. Dismissal of action where party added to control venue....
Section 15-5-10 - Trial of action in county where commenced unless defendant demands change of venue. - 15-5-10. Trial of action in county where commenced unless defendant...
Section 15-5-11 - Grounds for change of venue. - 15-5-11. Grounds for change of venue. The court may change...
Section 15-5-12 - Continuation of proceedings after change of venue--Transfer of papers. - 15-5-12. Continuation of proceedings after change of venue--Transfer of papers....
Section 15-5-13 - Terms allowed on change of venue from improper county--Payment of costs required before continuation or commencement of new action. - 15-5-13. Terms allowed on change of venue from improper county--Payment...
Section 15-5-14 - Change of venue in postjudgment divorce, paternity, or separate maintenance actions . - 15-5-14. Change of venue in postjudgment divorce, paternity, or separate...
Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings
Section 15-5A-1 - General provisions. - 15-5A-1. General provisions. Whenever a proceeding in civil or criminal...
Section 15-5A-2 - Traffic offense proceedings. - 15-5A-2. Traffic offense proceedings. At the discretion of the court,...
Section 15-5A-3 - Pre-trial criminal proceedings. - 15-5A-3. Pre-trial criminal proceedings. At the discretion of the court,...
Section 15-5A-4 - Misdemeanor plea or sentencing hearings. - 15-5A-4. Misdemeanor plea or sentencing hearings. At the discretion of...
Section 15-5A-5 - Post-conviction proceedings. - 15-5A-5. Post-conviction proceedings. At the discretion of the court, post-conviction...
Section 15-5A-6 - Juvenile proceedings. - 15-5A-6. Juvenile proceedings. At the discretion of the court, interactive...
Section 15-5A-7 - Civil commitment hearings. - 15-5A-7. Civil commitment hearings. At the discretion of the court,...
Section 15-5A-8 - Grand jury proceedings. - 15-5A-8. Grand jury proceedings. At the discretion of the prosecuting...
Section 15-5A-9 - Where not permitted. - 15-5A-9. Where not permitted. Use of interactive audiovisual device will...
Section 15-5A-10 - Any proceeding where the court and parties agree. - 15-5A-10. Any proceeding where the court and parties agree. Unless...
Section 15-5A-11 - Interactive audio visual equipment for noncourt proceedings--Fees. - 15-5A-11. Interactive audio visual equipment for noncourt proceedings--Fees. The Supreme...
Chapter 06 - Rules Of Procedure In Circuit Courts
Section 15-6-1 - Scope of Chapter. - 15-6-1. Scope of Chapter. This chapter governs the procedure in...
Section 15-6-2 - One form of action. - 15-6-2. One form of action. There shall be one form...
Section 15-6-3 - Commencement of action. - 15-6-3. Commencement of action. A civil action is commenced as...
Section 15-6-4(a) - Summons--Form. - 15-6-4(a). Summons--Form. The summons shall be legibly subscribed by the...
Section 15-6-4(b) - Summons served without complaint. - 15-6-4(b). Summons served without complaint. A copy of the complaint...
Section 15-6-4(c) - By whom summons served. - 15-6-4(c). By whom summons served. The summons may be served...
Section 15-6-4(d) - Personal service of summons. - 15-6-4(d).Personal service of summons. The summons shall be served by...
Section 15-6-4(e) - Service by leaving copy with resident of defendant's dwelling. - 15-6-4(e). Service by leaving copy with resident of defendant's dwelling....
Section 15-6-4(f) - Service upon party not a resident of or found within state. - 15-6-4(f). Service upon party not a resident of or found...
Section 15-6-4(g) - Proof of service. - 15-6-4(g). Proof of service. Proof of the service of the...
Section 15-6-4(h) - Amendment of process. - 15-6-4(h). Amendment of process. The court in its discretion and...
Section 15-6-4(i) - Service by mail--Admission of service--Costs. - 15-6-4(i). Service by mail--Admission of service--Costs. Notwithstanding any other provision...
Section 15-6-4(j) - Form of notice and admission of service by mail. - 15-6-4(j). Form of notice and admission of service by mail....
Section 15-6-5(a) - Service--When required. - 15-6-5(a). Service--When required. Except as otherwise provided in this chapter,...
Section 15-6-5(b) - Service--How made--Proof. - 15-6-5(b). Service--How made--Proof. (1)Unless otherwise ordered by the court or...
Section 15-6-5(c) - Service on numerous defendants. - 15-6-5(c). Service on numerous defendants. In any action in which...
Section 15-6-5(d) - Filing of papers--Originals--Copies. - 15-6-5(d). Filing of papers--Originals--Copies. The original of all papers served...
Section 15-6-5(e) - Definition--Filing with the court. - 15-6-5(e). Definition--Filing with the court. Except as specifically exempted by...
Section 15-6-5(g) - Documents not to be filed--Depositions. - 15-6-5(g). Documents not to be filed--Depositions. No depositions (except notices...
Section 15-6-5(h) - Civil Case Filing Statements. - 15-6-5(h). Civil Case Filing Statements. Whenever a party or an...
Section 15-6-5(i) - Service of discovery requests by electronic mail or portable storage media device--Costs. - 15-6-5(i). Service of discovery requests by electronic mail or portable...
Section 15-6-6(a) - Computation of time. - 15-6-6(a). Computation of time. In computing any period of time...
Section 15-6-6(b) - Enlargement of time. - 15-6-6(b). Enlargement of time. When by this chapter or by...
Section 15-6-6(d) - Time for motion--Affidavits--Briefs. - 15-6-6(d). Time for motion--Affidavits--Briefs. A written motion, other than one...
Section 15-6-6(e) - Additional time after service by mail--Facsimile and electronic mail transmission service exempt. - 15-6-6(e). Additional time after service by mail--Facsimile and electronic mail...
Section 15-6-7(a) - Pleadings. - 15-6-7(a). Pleadings. There shall be a complaint and an answer;...
Section 15-6-7(b) - Motions and other papers. - 15-6-7(b). Motions and other papers. (1) An application to the...
Section 15-6-7(c) - Demurrers, pleas, and exceptions abolished. - 15-6-7(c). Demurrers, pleas, and exceptions abolished. Demurrers, pleas, and exceptions...
Section 15-6-8(a) - Claims for relief. - 15-6-8(a). Claims for relief. A pleading which sets forth a...
Section 15-6-8(b) - Defenses--Form of denials. - 15-6-8(b). Defenses--Form of denials. A party shall state in short...
Section 15-6-8(c) - Defenses--Form of denials. - 15-6-8(c). Defenses--Form of denials. In pleading to a preceding pleading,...
Section 15-6-8(d) - Effect of failure to deny. - 15-6-8(d). Effect of failure to deny. Averments in a pleading...
Section 15-6-8(e) - Pleading to be concise and direct--Consistency. - 15-6-8(e). Pleading to be concise and direct--Consistency. (1)Each averment of...
Section 15-6-8(f) - Construction of pleadings. - 15-6-8(f). Construction of pleadings. All pleadings shall be so construed...
Section 15-6-9(a) - Pleading capacity. - 15-6-9(a). Pleading capacity. It is not necessary to aver the...
Section 15-6-9(b) - Pleading fraud, mistake, condition of the mind. - 15-6-9(b). Pleading fraud, mistake, condition of the mind. In all...
Section 15-6-9(c) - Pleading conditions precedent. - 15-6-9(c). Pleading conditions precedent. In pleading the performance or occurrence...
Section 15-6-9(d) - Pleading official document or act. - 15-6-9(d). Pleading official document or act. In pleading an official...
Section 15-6-9(e) - Pleading judgment. - 15-6-9(e). Pleading judgment. In pleading a judgment or decision of...
Section 15-6-9(f) - Pleading time and place. - 15-6-9(f). Pleading time and place. For the purpose of testing...
Section 15-6-9(g) - Pleading special damage. - 15-6-9(g). Pleading special damage. When items of special damage are...
Section 15-6-9(h) - Unknown party--How designated in pleadings and process. - 15-6-9(h). Unknown party--How designated in pleadings and process. When a...
Section 15-6-9(i) - Complaint in action for libel or slander. - 15-6-9(i). Complaint in action for libel or slander. In an...
Section 15-6-10(a) - Caption--Names of parties. - 15-6-10(a). Caption--Names of parties. Every pleading shall have a caption...
Section 15-6-10(b) - Paragraphs--Separate statements. - 15-6-10(b). Paragraphs--Separate statements. All averments of claim or defense shall...
Section 15-6-10(c) - Adoption by reference--Exhibits. - 15-6-10(c). Adoption by reference--Exhibits. Statements in a pleading may be...
Section 15-6-10(d) - Roman numerals--Use--Restrictions. - 15-6-10(d). Roman numerals--Use--Restrictions. Roman numerals may not be used to...
Section 15-6-10(e) - Formatting of pleadings. - 15-6-10(e). Formatting of pleadings. All pleadings, motions, orders and other...
Section 15-6-11(a) - Signature. - 15-6-11(a). Signature. Every pleading, written motion, and other paper shall...
Section 15-6-11(b) - Representations to court. - 15-6-11(b). Representations to court. By presenting to the court (whether...
Section 15-6-11(c) - Sanctions. - 15-6-11(c). Sanctions. If, after notice and a reasonable opportunity to...
Section 15-6-11(d) - Inapplicability to discovery. - 15-6-11(d). Inapplicability to discovery. Sections 15-6-11(a) through 15-6-11(c) do not...
Section 15-6-11(e) - Appeal to Supreme Court--Award of attorneys' fees and costs on appeal. - 15-6-11(e). Appeal to Supreme Court--Award of attorneys' fees and costs...
Section 15-6-12(a) - Time for presenting defenses and objections. - 15-6-12(a). Time for presenting defenses and objections. A defendant shall...
Section 15-6-12(b) - Manner of presenting defenses and objections. - 15-6-12(b). Manner of presenting defenses and objections. Every defense, in...
Section 15-6-12(c) - Motion for judgment on the pleadings. - 15-6-12(c). Motion for judgment on the pleadings. After the pleadings...
Section 15-6-12(d) - Preliminary hearings. - 15-6-12(d). Preliminary hearings. The defenses specifically enumerated in subdivisions 15-6-12(b)(1)...
Section 15-6-12(e) - Motion for more definite statement. - 15-6-12(e). Motion for more definite statement. If a pleading to...
Section 15-6-12(f) - Motion to strike. - 15-6-12(f). Motion to strike. Upon motion made by a party...
Section 15-6-12(g) - Consolidation of defenses in motion. - 15-6-12(g). Consolidation of defenses in motion. A party who makes...
Section 15-6-12(h) - Waiver or preservation of certain defenses. - 15-6-12(h). Waiver or preservation of certain defenses. (1)A defense of...
Section 15-6-13(a) - Compulsory counterclaims. - 15-6-13(a). Compulsory counterclaims. A pleading shall state as a counterclaim...
Section 15-6-13(b) - Permissive counterclaims. - 15-6-13(b). Permissive counterclaims. A pleading may state as a counterclaim...
Section 15-6-13(c) - Counterclaim exceeding opposing claim. - 15-6-13(c). Counterclaim exceeding opposing claim. A counterclaim may or may...
Section 15-6-13(d) - Counterclaim against the State of South Dakota. - 15-6-13(d). Counterclaim against the State of South Dakota. This chapter...
Section 15-6-13(e) - Counterclaim maturing or acquired after pleading. - 15-6-13(e). Counterclaim maturing or acquired after pleading. A claim which...
Section 15-6-13(g) - Cross-claim against co-party. - 15-6-13(g). Cross-claim against co-party. A pleading may state as a...
Section 15-6-13(h) - Joinder of additional parties. - 15-6-13(h). Joinder of additional parties. Persons other than those made...
Section 15-6-13(i) - Separate trials--Separate judgments. - 15-6-13(i). Separate trials--Separate judgments. If the court orders separate trials...
Section 15-6-14(a) - When defendant may bring in third party. - 15-6-14(a). When defendant may bring in third party. At any...
Section 15-6-14(b) - When plaintiff may bring in third party. - 15-6-14(b). When plaintiff may bring in third party. When a...
Section 15-6-15(a) - Amendments to pleadings. - 15-6-15(a). Amendments to pleadings. A party may amend his pleading...
Section 15-6-15(b) - Amendments to conform to the evidence. - 15-6-15(b). Amendments to conform to the evidence. When issues not...
Section 15-6-15(c) - Relation back of amendments to pleadings. - 15-6-15(c). Relation back of amendments to pleadings. Whenever the claim...
Section 15-6-15(d) - Supplemental pleadings. - 15-6-15(d). Supplemental pleadings. Upon motion of a party the court...
Section 15-6-16 - Pretrial procedure--Formulating issues. - 15-6-16. Pretrial procedure--Formulating issues. Prior to the trial of any...
Section 15-6-17(a) - Real party in interest. - 15-6-17(a). Real party in interest. Every action shall be prosecuted...
Section 15-6-17(b) - Capacity to sue or be sued. - 15-6-17(b). Capacity to sue or be sued. When two or...
Section 15-6-17(c) - Representation of minors or incompetent persons. - 15-6-17(c). Representation of minors or incompetent persons. Whenever a minor...
Section 15-6-18(a) - Joinder of claims. - 15-6-18(a). Joinder of claims. A party asserting a claim to...
Section 15-6-18(b) - Joinder of remedies--Fraudulent conveyances. - 15-6-18(b). Joinder of remedies--Fraudulent conveyances. Whenever a claim is one...
Section 15-6-19(a) - Persons to be joined if feasible. - 15-6-19(a). Persons to be joined if feasible. A person who...
Section 15-6-19(b) - Determination by court whenever joinder not feasible. - 15-6-19(b). Determination by court whenever joinder not feasible. If a...
Section 15-6-19(c) - Pleading reasons for nonjoinder. - 15-6-19(c). Pleading reasons for nonjoinder. A pleading asserting a claim...
Section 15-6-19(d) - Exception of class actions. - 15-6-19(d). Exception of class actions. Section 15-6-19 is subject to...
Section 15-6-20(a) - Permissive joinder. - 15-6-20(a). Permissive joinder. All persons may join in one action...
Section 15-6-20(b) - Separate trials. - 15-6-20(b). Separate trials. The court may make such orders as...
Section 15-6-21 - Misjoinder and nonjoinder of parties. - 15-6-21. Misjoinder and nonjoinder of parties. Misjoinder of parties is...
Section 15-6-22 - Interpleader. - 15-6-22. Interpleader. Persons having claims against the plaintiff may be...
Section 15-6-23.1 - Derivative actions by unincorporated associations. - 15-6-23.1. Derivative actions by unincorporated associations. In a derivative action...
Section 15-6-23.2 - Actions relating to unincorporated associations. - 15-6-23.2. Actions relating to unincorporated associations. An action brought by...
Section 15-6-23(a) - Prerequisites to a class action. - 15-6-23(a). Prerequisites to a class action. One or more members...
Section 15-6-23(b) - Class actions maintainable. - 15-6-23(b). Class actions maintainable. An action may be maintained as...
Section 15-6-23(c) - Determination by order whether class action to be maintained--Notice--Judgment--Actions conducted partially as class actions. - 15-6-23(c). Determination by order whether class action to be maintained--Notice--Judgment--Actions...
Section 15-6-23(d) - Orders in conduct of actions. - 15-6-23(d). Orders in conduct of actions. In the conduct of...
Section 15-6-23(e) - Dismissal or compromise of class actions. - 15-6-23(e). Dismissal or compromise of class actions. A class action...
Section 15-6-24(a) - Intervention of right. - 15-6-24(a). Intervention of right. Upon timely application anyone shall be...
Section 15-6-24(b) - Permissive intervention. - 15-6-24(b). Permissive intervention. Upon timely application anyone may be permitted...
Section 15-6-24(c) - Procedure for intervention. - 15-6-24(c). Procedure for intervention. A person desiring to intervene shall...
Section 15-6-25.1 - Dismissal of parties--Subsequent pleadings. - 15-6-25.1. Dismissal of parties--Subsequent pleadings. If a party is dismissed...
Section 15-6-25(a) - Death of party. - 15-6-25(a). Death of party. (1)If a party dies and the...
Section 15-6-25(b) - Incompetency of party. - 15-6-25(b). Incompetency of party. If a party becomes incompetent, the...
Section 15-6-25(c) - Transfer of party's interest. - 15-6-25(c). Transfer of party's interest. In case of any transfer...
Section 15-6-25(d) - Officer as party--Death or separation from office. - 15-6-25(d). Officer as party--Death or separation from office. (1)When a...
Section 15-6-25(e) - Judgment for possession of real property--Successor in interest--Revival. - 15-6-25(e). Judgment for possession of real property--Successor in interest--Revival. When...
Section 15-6-26 - 15-6-26.--Discovery pending action - 15-6-26. Discovery pending action
Section 15-6-26(a) - Discovery methods. - 15-6-26(a). Discovery methods. Parties may obtain discovery by one or...
Section 15-6-26(b) - Scope of discovery. - 15-6-26(b). Scope of discovery. Unless otherwise limited by order of...
Section 15-6-26(c) - Protective orders. - 15-6-26(c). Protective orders. Upon motion by a party or by...
Section 15-6-26(d) - Sequence and timing of discovery. - 15-6-26(d). Sequence and timing of discovery. Unless the court upon...
Section 15-6-26(e) - Supplementation of responses. - 15-6-26(e). Supplementation of responses. A party who has responded to...
Section 15-6-27(a) - Depositions before action. - 15-6-27(a). Depositions before action. (1) Petition. A person who desires...
Section 15-6-27(b) - Depositions pending appeal. - 15-6-27(b). Depositions pending appeal. If an appeal has been taken...
Section 15-6-27(c) - Perpetuation of testimony by action. - 15-6-27(c). Perpetuation of testimony by action. Section 15-6-27 does not...
Section 15-6-28.1 - Interstate depositions and discovery. - 15-6-28.1. Interstate depositions and discovery. Sections 15-6-28.1 to 15-6-28.6, inclusive,...
Section 15-6-28.2 - Definitions. - 15-6-28.2. Definitions. In §§15-6-28.1 to 15-6-28.6, inclusive: (1)"Foreign jurisdiction" means...
Section 15-6-28.3 - Issuance of subpoena for interstate depositions and discovery. - 15-6-28.3. Issuance of subpoena for interstate depositions and discovery. (A)...
Section 15-6-28.4 - Service of subpoena for interstate depositions and discovery. - 15-6-28.4. Service of subpoena for interstate depositions and discovery. A...
Section 15-6-28.5 - Deposition, production, inspection, witness fees, expenses, place of examination, attendance where required. - 15-6-28.5. Deposition, production, inspection, witness fees, expenses, place of examination,...
Section 15-6-28.6 - Application to court. - 15-6-28.6. Application to court. An application to the court for...
Section 15-6-28(a) - Taking depositions within the United States. - 15-6-28(a). Taking depositions within the United States. Within the United...
Section 15-6-28(b) - Taking depositions in foreign countries. - 15-6-28(b). Taking depositions in foreign countries. In a foreign country,...
Section 15-6-28(c) - Disqualification to take deposition for interest. - 15-6-28(c). Disqualification to take deposition for interest. No deposition shall...
Section 15-6-29 - Stipulations regarding the taking of depositions. - 15-6-29. Stipulations regarding the taking of depositions. If the parties...
Section 15-6-30(a) - When depositions may be taken. - 15-6-30(a). When depositions may be taken. After commencement of the...
Section 15-6-30(b) - Notice of examination--General requirements--Special notice--Nonstenographic recording--Production of documents and things--Deposition of organization. - 15-6-30(b). Notice of examination--General requirements--Special notice--Nonstenographic recording--Production of documents and...
Section 15-6-30(c) - Examination and cross-examination--Record of examination--Oath--Objection. - 15-6-30(c). Examination and cross-examination--Record of examination--Oath--Objection. Examination and cross-examination of...
Section 15-6-30(d) - Schedule and duration--Motion to terminate or limit examination. - 15-6-30(d). Schedule and duration--Motion to terminate or limit examination. (1)Any...
Section 15-6-30(e) - Submission to witness--Changes--Signing. - 15-6-30(e). Submission to witness--Changes--Signing. When the testimony is fully transcribed...
Section 15-6-30(f) - Certification and filing by officer--Exhibits--Copies. - 15-6-30(f). Certification and filing by officer--Exhibits--Copies. (1) The officer shall...
Section 15-6-30(g) - Failure to attend or to serve subpoena for deposition expenses. - 15-6-30(g). Failure to attend or to serve subpoena for deposition...
Section 15-6-31(a) - Serving questions--Notice. - 15-6-31(a). Serving questions--Notice. After commencement of the action, any party...
Section 15-6-31(b) - Officer to take responses and prepare record. - 15-6-31(b). Officer to take responses and prepare record. A copy...
Section 15-6-31(c) - Notice of filing. - 15-6-31(c). Notice of filing. When the deposition is filed, the...
Section 15-6-32(a) - Use of depositions. - 15-6-32(a). Use of depositions. At the trial or upon the...
Section 15-6-32(b) - Objections to admissibility. - 15-6-32(b). Objections to admissibility. Subject to the provisions of §15-6-28(b)...
Section 15-6-32(c) - Effect of taking or using deposition. - 15-6-32(c). Effect of taking or using deposition. A party does...
Section 15-6-32(d) - Effect of errors and irregularities in depositions. - 15-6-32(d). Effect of errors and irregularities in depositions. (1)As to...
Section 15-6-33(a) - Availability--Procedures for use. - 15-6-33(a). Availability--Procedures for use. Any party may serve upon any...
Section 15-6-33(b) - Scope--Use at trial. - 15-6-33(b). Scope--Use at trial. Interrogatories may relate to any matters...
Section 15-6-33(c) - Option to produce business records. - 15-6-33(c). Option to produce business records. Where the answer to...
Section 15-6-34(a) - Scope. - 15-6-34(a). Scope. Any party may serve on any other party...
Section 15-6-34(b) - Procedure. - 15-6-34(b). Procedure. The request may, without leave of court, be...
Section 15-6-34(c) - Persons not parties. - 15-6-34(c). Persons not parties. This rule does not preclude an...
Section 15-6-35(a) - Order for examination. - 15-6-35(a). Order for examination. In an action in which the...
Section 15-6-35(b) - Report of examining physician. - 15-6-35(b). Report of examining physician. (1)If requested by the party...
Section 15-6-36(a) - Request for admission. - 15-6-36(a). Request for admission. A party may serve upon any...
Section 15-6-36(b) - Effect of admission. - 15-6-36(b). Effect of admission. Any matter admitted under this rule...
Section 15-6-37(a) - Motion for order compelling disclosure or discovery. - 15-6-37(a). Motion for order compelling disclosure or discovery. A party,...
Section 15-6-37(b) - Failure to comply with order. - 15-6-37(b). Failure to comply with order. (1)Sanctions by court in...
Section 15-6-37(c) - Failure to disclose--False or misleading disclosure--Refusal to admit. - 15-6-37(c). Failure to disclose--False or misleading disclosure--Refusal to admit. (1)A...
Section 15-6-37(d) - Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection. - 15-6-37(d). Failure of party to attend at own deposition or...
Section 15-6-38(b) - Demand for jury trial. - 15-6-38(b). Demand for jury trial. Any party may demand a...
Section 15-6-38(c) - Specification of issues in demand for jury trial. - 15-6-38(c). Specification of issues in demand for jury trial. In...
Section 15-6-38(d) - Waiver of jury trial. - 15-6-38(d). Waiver of jury trial. The failure of a party...
Section 15-6-39(a) - Trial by jury. - 15-6-39(a). Trial by jury. When trial by jury has been...
Section 15-6-39(b) - Trial by the court. - 15-6-39(b). Trial by the court. Issues not demanded for trial...
Section 15-6-39(c) - Advisory jury and trial by consent. - 15-6-39(c). Advisory jury and trial by consent. In all actions...
Section 15-6-40(a) - Issues--When, where, and how tried. - 15-6-40(a). Issues--When, where, and how tried. The judges of the...
Section 15-6-40(c) - Proceeding in absence of party. - 15-6-40(c). Proceeding in absence of party. Either party from the...
Section 15-6-41(a) - Voluntary dismissal--Effect thereof. - 15-6-41(a). Voluntary dismissal--Effect thereof. (1)By Plaintiff; by Stipulation. Subject to...
Section 15-6-41(b) - Involuntary dismissal--Effect thereof. - 15-6-41(b). Involuntary dismissal--Effect thereof. For failure of the plaintiff to...
Section 15-6-41(c) - Dismissal of counterclaim, cross-claim, or third-party claim. - 15-6-41(c). Dismissal of counterclaim, cross-claim, or third-party claim. The provisions...
Section 15-6-41(d) - Costs of previously dismissed action. - 15-6-41(d). Costs of previously dismissed action. If a plaintiff who...
Section 15-6-42(a) - Consolidation of actions. - 15-6-42(a). Consolidation of actions. When actions involving a common question...
Section 15-6-42(b) - Separate trials. - 15-6-42(b). Separate trials. The court, in furtherance of convenience or...
Section 15-6-43(a) - Form and admissibility of evidence. - 15-6-43(a). Form and admissibility of evidence. In all trials the...
Section 15-6-43(d) - Oath or affirmation. - 15-6-43(d). Oath or affirmation. Whenever under this chapter an oath...
Section 15-6-43(e) - Evidence on motions. - 15-6-43(e). Evidence on motions. When a motion is based on...
Section 15-6-43(f) - Interpreters. - 15-6-43(f). Interpreters. The procedure for appointing interpreters shall be as...
Section 15-6-44.1 - Determination of foreign law. - 15-6-44.1. Determination of foreign law. A party who intends to...
Section 15-6-44(a) - Authentication of official records. - 15-6-44(a). Authentication of official records. (1) Domestic. An official record...
Section 15-6-44(b) - Proof of lack of official record. - 15-6-44(b). Proof of lack of official record. A written statement...
Section 15-6-44(c) - Other proof of official record. - 15-6-44(c). Other proof of official record. Section 15-6-44 does not...
Section 15-6-45(a) - Subpoena for attendance of witnesses and for production of documentary evidence--Form—Issuance. - 15-6-45(a). Subpoena for attendance of witnesses and for production of...
Section 15-6-45(b) - Subpoena for production of documentary evidence. - 15-6-45(b). Subpoena for production of documentary evidence. A subpoena may...
Section 15-6-45(c) - Service of subpoena. - 15-6-45(c). Service of subpoena. The subpoena may be served by...
Section 15-6-45(d) - Subpoena for taking depositions--Place of examination. - 15-6-45(d). Subpoena for taking depositions--Place of examination. (1) Proof of...
Section 15-6-45(f) - Failure to obey subpoena as contempt. - 15-6-45(f). Failure to obey subpoena as contempt. Failure by any...
Section 15-6-45(g) - Nonresident of state served with subpoena in state. - 15-6-45(g). Nonresident of state served with subpoena in state. A...
Section 15-6-46 - Exceptions unnecessary. - 15-6-46. Exceptions unnecessary. Formal exceptions to rulings or orders of...
Section 15-6-47(a) - Examination of jurors. - 15-6-47(a). Examination of jurors. The court shall permit the parties...
Section 15-6-47(b) - Alternate jurors. - 15-6-47(b). Alternate jurors. The court may direct that not more...
Section 15-6-48 - Juries of less than twelve--Majority verdict. - 15-6-48. Juries of less than twelve--Majority verdict. The parties may...
Section 15-6-49(a) - Special verdicts. - 15-6-49(a). Special verdicts. The court may require a jury to...
Section 15-6-49(b) - General verdict accompanied by answer to interrogatories. - 15-6-49(b). General verdict accompanied by answer to interrogatories. The court...
Section 15-6-50 - 15-6-50.Motion for a directed verdict and for judgment notwithstanding the verdict - 15-6-50. Motion for a directed verdict and for judgment notwithstanding...
Section 15-6-50(a) - Judgment as a matter of law. - 15-6-50(a). Judgment as a matter of law. (1)If during a...
Section 15-6-50(b) - Renewing motion for judgment after trial--Alternative motion for new trial. - 15-6-50(b). Renewing motion for judgment after trial--Alternative motion for new...
Section 15-6-50(c) - Granting renewed motion for judgment as a matter law--Conditional rulings--New trial motion. - 15-6-50(c). Granting renewed motion for judgment as a matter law--Conditional...
Section 15-6-50(d) - Denial of motion for judgment as a matter of law. - 15-6-50(d). Denial of motion for judgment as a matter of...
Section 15-6-51(a) - Instructions to jury--Requests. - 15-6-51(a). Instructions to jury--Requests. (1)A party may, at the close...
Section 15-6-51(b) - Instructions. - 15-6-51(b). Instructions. The court: (1)Must inform the parties of its...
Section 15-6-51(c) - Objections. - 15-6-51(c). Objections. (1)A party who objects to an instruction or...
Section 15-6-51(d) - Assigning error--Plain error. - 15-6-51(d). Assigning error--Plain error. (1)A party may assign as error:...
Section 15-6-52(a) - Effect of findings by the court--Proposals--When unnecessary. - 15-6-52(a). Effect of findings by the court--Proposals--When unnecessary. In all...
Section 15-6-52(b) - Waiver of findings and conclusions of law. - 15-6-52(b). Waiver of findings and conclusions of law. Findings of...
Section 15-6-53(a) - Appointment and compensation of referees. - 15-6-53(a). Appointment and compensation of referees. A court in which...
Section 15-6-53(b) - Reference. - 15-6-53(b). Reference. Except as provided in chapter 25-7A, a reference...
Section 15-6-53(c) - Powers of referee. - 15-6-53(c). Powers of referee. The order of reference to the...
Section 15-6-53(d) - Proceedings before referee. - 15-6-53(d). Proceedings before referee. (1)Meetings. When a reference is made,...
Section 15-6-53(e) - Report of referee. - 15-6-53(e). Report of referee. (1)Contents and Filing. The referee shall...
Section 15-6-54(a) - Definition--Form of judgment. - 15-6-54(a). Definition--Form of judgment. "Judgment" as used in this chapter...
Section 15-6-54(b) - Judgment upon multiple claims or involving multiple parties. - 15-6-54(b). Judgment upon multiple claims or involving multiple parties. When...
Section 15-6-54(c) - Demand for judgment. - 15-6-54(c). Demand for judgment. A judgment by default shall not...
Section 15-6-54(d) - Judgment for costs--Attorneys' fees. - 15-6-54(d). Judgment for costs--Attorneys' fees. (1)Costs and disbursements other than...
Section 15-6-55(a) - Entry of default. - 15-6-55(a). Entry of default. When a party against whom a...
Section 15-6-55(b) - Default judgment. - 15-6-55(b). Default judgment. Judgment by default may be entered as...
Section 15-6-55(c) - Setting aside default. - 15-6-55(c). Setting aside default. For good cause shown the court...
Section 15-6-55(d) - Plaintiffs, counterclaimants and cross-claimants entitled to default. - 15-6-55(d). Plaintiffs, counterclaimants and cross-claimants entitled to default. The provisions...
Section 15-6-56(a) - Summary judgment for claimant. - 15-6-56(a). Summary judgment for claimant. A party seeking to recover...
Section 15-6-56(b) - Summary judgment for defending party. - 15-6-56(b). Summary judgment for defending party. A party against whom...
Section 15-6-56(c) - Motion for summary judgment and proceedings thereon. - 15-6-56(c). Motion for summary judgment and proceedings thereon. Unless different...
Section 15-6-56(d) - Case not fully adjudicated on motion for summary judgment. - 15-6-56(d). Case not fully adjudicated on motion for summary judgment....
Section 15-6-56(e) - Form of affidavits for summary judgment--Further testimony--Defense required. - 15-6-56(e). Form of affidavits for summary judgment--Further testimony--Defense required. Supporting...
Section 15-6-56(f) - Opposing summary judgment when affidavits are unavailable. - 15-6-56(f). Opposing summary judgment when affidavits are unavailable. Should it...
Section 15-6-56(g) - Summary judgment affidavits made in bad faith. - 15-6-56(g). Summary judgment affidavits made in bad faith. Should it...
Section 15-6-57 - Declaratory judgments. - 15-6-57. Declaratory judgments. The procedure for obtaining a declaratory judgment...
Section 15-6-58 - Entry of judgment and orders--Effective date. - 15-6-58. Entry of judgment and orders--Effective date. Subject to the...
Section 15-6-59(a) - Grounds for new trial. - 15-6-59(a). Grounds for new trial. A new trial may be...
Section 15-6-59(b) - Time for motion for new trial--Rulings thereon--Extension of time. - 15-6-59(b). Time for motion for new trial--Rulings thereon--Extension of time....
Section 15-6-59(c) - Hearing and answering affidavits on motion for new trial. - 15-6-59(c). Hearing and answering affidavits on motion for new trial....
Section 15-6-59(d) - New trial on initiative of court. - 15-6-59(d). New trial on initiative of court. Not later than...
Section 15-6-59(e) - Procedure upon hearing of motion for new trial. - 15-6-59(e). Procedure upon hearing of motion for new trial. On...
Section 15-6-59(f) - Motion for new trial not required as foundation for appeal in certain cases. - 15-6-59(f). Motion for new trial not required as foundation for...
Section 15-6-59(g) - Order granting new trial must show grounds upon which based. - 15-6-59(g). Order granting new trial must show grounds upon which...
Section 15-6-60(a) - Relief from clerical mistakes. - 15-6-60(a). Relief from clerical mistakes. Clerical mistakes in judgments, orders,...
Section 15-6-60(b) - Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discovered evidence--Fraud. - 15-6-60(b). Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discovered evidence--Fraud. On...
Section 15-6-61 - Harmless Error. - 15-6-61. Harmless Error. No error in either the admission or...
Section 15-6-62(a) - Automatic stay of execution--Exceptions--Injunctions and receiverships. - 15-6-62(a). Automatic stay of execution--Exceptions--Injunctions and receiverships. Except as stated...
Section 15-6-62(b) - Stay of execution on motion for new trial or for judgment. - 15-6-62(b). Stay of execution on motion for new trial or...
Section 15-6-62(c) - Injunction pending appeal. - 15-6-62(c). Injunction pending appeal. Injunction pending appeal shall be as...
Section 15-6-62(d) - Stay upon appeal. - 15-6-62(d). Stay upon appeal. Stay upon appeal shall be as...
Section 15-6-62(e) - Stay in favor of the state or agency thereof. - 15-6-62(e). Stay in favor of the state or agency thereof....
Section 15-6-62(f) - Power of Supreme Court not limited. - 15-6-62(f). Power of Supreme Court not limited. The provisions in...
Section 15-6-62(g) - Stay of judgment as to multiple claims or multiple parties. - 15-6-62(g). Stay of judgment as to multiple claims or multiple...
Section 15-6-63 - Disability of a judge. - 15-6-63. Disability of a judge. If by reason of death,...
Section 15-6-64 - Seizure of person or property. - 15-6-64. Seizure of person or property. At the commencement of...
Section 15-6-65(a) - Preliminary injunction. - 15-6-65(a). Preliminary injunction. No preliminary injunction shall be issued without...
Section 15-6-65(b) - Temporary restraining order without notice. - 15-6-65(b). Temporary restraining order without notice. Where no provision is...
Section 15-6-65(c) - Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages. - 15-6-65(c). Undertaking required on preliminary injunction or temporary restraining order--Ascertainment...
Section 15-6-65(d) - Contents of order--Parties bound. - 15-6-65(d). Contents of order--Parties bound. Every order granting an injunction...
Section 15-6-66 - Receivers. - 15-6-66. Receivers. An action wherein a receiver has been appointed...
Section 15-6-67(a) - Deposit in an action. - 15-6-67(a). Deposit in an action. In an action in which...
Section 15-6-67(b) - Deposit in court by substitution. - 15-6-67(b). Deposit in court by substitution. A defendant against whom...
Section 15-6-67(c) - Deposit in court when no action is brought. - 15-6-67(c). Deposit in court when no action is brought. Whenever...
Section 15-6-67(d) - Court may order deposit or seizure of property. - 15-6-67(d). Court may order deposit or seizure of property. When...
Section 15-6-67(e) - Voluntary partial payment as credit against judgment. - 15-6-67(e). Voluntary partial payment as credit against judgment. After entry...
Section 15-6-68 - Offer of Judgment. - 15-6-68. Offer of Judgment. At any time more than ten...
Section 15-6-69 - Execution. - 15-6-69. Execution. Process to enforce a judgment for the payment...
Section 15-6-70 - Judgment for specific acts--Vesting title. - 15-6-70. Judgment for specific acts--Vesting title. If a judgment directs...
Section 15-6-71 - Process in behalf of and against persons not parties. - 15-6-71. Process in behalf of and against persons not parties....
Section 15-6-72 - Expedited civil actions--General provisions. - 15-6-72. Expedited civil actions--General provisions. (1) Eligible actions. This article...
Section 15-6-72.1 - Local intergovernmental actions--Expedited action--Alternative dispute resolution. - 15-6-72.1. Local intergovernmental actions--Expedited action--Alternative dispute resolution. In order to...
Section 15-6-72.2 - Definition--Local government body. - 15-6-72.2. Definition--Local government body. For the purposes of § 15-6-72.1,...
Section 15-6-73 - Discovery in expedited civil actions. - 15-6-73. Discovery in expedited civil actions. (1) Discovery period. Except...
Section 15-6-74 - Motions. - 15-6-74. Motions. (1) Motions to dismiss. Any party may file...
Section 15-6-75 - Procedure for expedited trials. - 15-6-75. Procedure for expedited trials. (1) Demand for jury trial....
Section 15-6-76 - Settlement conference--Alternative dispute resolution. - 15-6-76. Settlement conference--Alternative dispute resolution. Unless the parties have agreed...
Section 15-6-76.1 - Claim preclusion--Issue preclusion. - 15-6-76.1. Claim preclusion--Issue preclusion. Judgments or orders in an expedited...
Section 15-6-77(a) - Trial courts of record always open. - 15-6-77(a). Trial courts of record always open. Trial courts of...
Section 15-6-77(b) - Trials and hearings--Orders in chambers. - 15-6-77(b). Trials and hearings--Orders in chambers. All trials upon the...
Section 15-6-77(c) - Clerk's office and orders by clerk. - 15-6-77(c). Clerk's office and orders by clerk. All motions and...
Section 15-6-80 - Stenographic report or transcript as evidence. - 15-6-80. Stenographic report or transcript as evidence. Whenever the testimony...
Section 15-6-81(c) - Appeals to circuit courts. - 15-6-81(c). Appeals to circuit courts. This chapter does not supersede...
Section 15-6-81(d) - Chapter incorporated into statutes. - 15-6-81(d). Chapter incorporated into statutes. Where any statute heretofore or...
Section 15-6-82 - Jurisdiction and venue. - 15-6-82. Jurisdiction and venue. This chapter shall not be construed...
Section 15-6-83 - Rules by courts of record. - 15-6-83.Rules by courts of record. A majority of the judges...
Section 15-6-84 - Forms. - 15-6-84. Forms. The forms contained in the Appendix of Forms...
Section 15-6-85 - Title. - 15-6-85. Title. This chapter shall be known as Rules of...
Section 15-6-86 - Effective date. - 15-6-86. Effective date. This chapter governs all proceedings and actions...
Section 15-6-B - CIRCUIT COURT RULES (See § 15-6-83) - APPENDIX B. CIRCUIT COURT RULES (See §15-6-83) Following are rules...
Section 15-6-C - APPENDIX OF FORMS (See § 15-6-84) - APPENDIX C. APPENDIX OF FORMS (See §15-6-84) INTRODUCTORY STATEMENT 1....
Section 15-6-A - SPECIAL PROCEEDINGS (See § 15-6-81(a)) - APPENDIX A. SPECIAL PROCEEDINGS (See § 15-6-81(a)) Following is a...
Chapter 07 - Jurisdiction Of Persons
Section 15-7-1 - Persons, organizations, and entities subject to general jurisdiction provisions. - 15-7-1. Persons, organizations, and entities subject to general jurisdiction provisions....
Section 15-7-2 - Acts within the state subjecting persons to jurisdiction of the courts. - 15-7-2. Acts within the state subjecting persons to jurisdiction of...
Section 15-7-3 - Service of process outside the state. - 15-7-3. Service of process outside the state. Service of process...
Section 15-7-4 - Retroactive application of general jurisdiction provisions. - 15-7-4. Retroactive application of general jurisdiction provisions. The provisions of...
Section 15-7-5 - Severability of general jurisdiction provisions. - 15-7-5. Severability of general jurisdiction provisions. If any provisions of...
Section 15-7-6 - Motor vehicle operation deemed appointment of secretary of state as agent to receive process--Binding on personal representative--Agreement as to legal force of process served. - 15-7-6. Motor vehicle operation deemed appointment of secretary of state...
Section 15-7-7 - Service on secretary of state for nonresident motorist--Fee--Notice mailed to defendant--Record of process served. - 15-7-7. Service on secretary of state for nonresident motorist--Fee--Notice mailed...
Section 15-7-8 - Continuance of action to permit defense by motorist served through secretary of state. - 15-7-8. Continuance of action to permit defense by motorist served...
Section 15-7-9 - Aircraft operation in state as appointment of agent to receive process--Agreement as to force of process served on agent. - 15-7-9. Aircraft operation in state as appointment of agent to...
Section 15-7-10 - Service on secretary of transportation for nonresident or absent aircraft operator--Fee--Forwarding to defendant--Service without the state--Time for appearance by defendant--Record of process served. - 15-7-10. Service on secretary of transportation for nonresident or absent...
Section 15-7-11 - Proof of service on nonresident or absent aircraft operator. - 15-7-11. Proof of service on nonresident or absent aircraft operator....
Section 15-7-12 - Continuance of action to permit defense by nonresident or absent aircraft operator. - 15-7-12. Continuance of action to permit defense by nonresident or...
Section 15-7-13 - Hunting in state by nonresident as appointment of agent to receive process--Agreement as to force of process served. - 15-7-13. Hunting in state by nonresident as appointment of agent...
Section 15-7-14 - Service of process on secretary of state for nonresident hunter--Fee--Mailing to defendant--Personal service outside state--Time for appearance by defendant--Record of process served. - 15-7-14. Service of process on secretary of state for nonresident...
Section 15-7-15 - Proof of service on nonresident hunter. - 15-7-15. Proof of service on nonresident hunter. Proof of the...
Section 15-7-16 - Continuance of action to permit defense by nonresident hunter. - 15-7-16. Continuance of action to permit defense by nonresident hunter....
Section 15-7-17 - Consent to jurisdiction by persons selling property or services to residents--Service. - 15-7-17. Consent to jurisdiction by persons selling property or services...
Chapter 08 - Remedies On Joint Liability
Section 15-8-1 - Remedies available where some but not all defendants served. - 15-8-1. Remedies available where some but not all defendants served....
Section 15-8-2 - Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment. - 15-8-2. Proceeding against defendant served in action on joint contract...
Section 15-8-3 - Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction. - 15-8-3. Enforcement of unsatisfied judgment against partner not named in...
Section 15-8-4 - Summons to enforce judgment against joint contract debtors not summoned in original action. - 15-8-4. Summons to enforce judgment against joint contract debtors not...
Section 15-8-5 - Contents and service of summons to enforce judgment against joint contract debtor. - 15-8-5. Contents and service of summons to enforce judgment against...
Section 15-8-6 - New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction. - 15-8-6. New complaint not required to enforce judgment against joint...
Section 15-8-7 - Defenses available to joint contract debtor summoned for enforcement of judgment. - 15-8-7. Defenses available to joint contract debtor summoned for enforcement...
Section 15-8-8 - Reply and trial of issues on summons to enforce judgment against joint contract debtor. - 15-8-8. Reply and trial of issues on summons to enforce...
Section 15-8-9 - Rules applicable to pleadings in summons to enforce judgment against joint contract debtor. - 15-8-9. Rules applicable to pleadings in summons to enforce judgment...
Section 15-8-10 - Supplementary judgment on summons of joint contract debtor--Enforcement of judgment. - 15-8-10. Supplementary judgment on summons of joint contract debtor--Enforcement of...
Section 15-8-11 - Joint tort-feasors--Definition of term. - 15-8-11. Joint tort-feasors--Definition of term. For the purposes of §§15-8-12...
Section 15-8-12 - Right of contribution among joint tort-feasors. - 15-8-12. Right of contribution among joint tort-feasors. The right of...
Section 15-8-13 - Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor. - 15-8-13. Discharge of liability or payment of excess required for...
Section 15-8-14 - Joint tort-feasor not entitled to contribution to settlement unless liability extinguished. - 15-8-14. Joint tort-feasor not entitled to contribution to settlement unless...
Section 15-8-15 - Degrees of fault of joint tort-feasors considered in determining liability. - 15-8-15. Degrees of fault of joint tort-feasors considered in determining...
Section 15-8-15.1 - Liability of party allocated less than fifty percent of total fault. - 15-8-15.1. Liability of party allocated less than fifty percent of...
Section 15-8-15.2 - Determination of percentages of fault by trier of fact--Treatment of several persons as single party. - 15-8-15.2. Determination of percentages of fault by trier of fact--Treatment...
Section 15-8-16 - Joint tort-feasor not discharged by judgment against another. - 15-8-16. Joint tort-feasor not discharged by judgment against another. The...
Section 15-8-17 - Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release. - 15-8-17. Joint tort-feasor not discharged by release of another--Claim reduced...
Section 15-8-18 - Restrictions on discharge from contribution obligation by release given by injured party. - 15-8-18. Restrictions on discharge from contribution obligation by release given...
Section 15-8-19 - Indemnity rights not impaired by joint tort-feasor provisions. - 15-8-19. Indemnity rights not impaired by joint tort-feasor provisions. Sections...
Section 15-8-20 - Severability of joint tort-feasor provisions. - 15-8-20. Severability of joint tort-feasor provisions. If any provision of...
Section 15-8-22 - Citation of uniform tort-feasor provisions. - 15-8-22. Citation of uniform tort-feasor provisions. Sections 15-8-11 to 15-8-22,...
Chapter 09 - Commencement Of Actions And Service Of Process
Section 15-9-1 - Security for costs required of nonresident plaintiff. - 15-9-1. Security for costs required of nonresident plaintiff. In cases...
Section 15-9-2 - Resident required as surety--Corporate bond--Deposit of cash. - 15-9-2. Resident required as surety--Corporate bond--Deposit of cash. The surety...
Section 15-9-3 - Form and extent of surety's obligation for costs. - 15-9-3. Form and extent of surety's obligation for costs. The...
Section 15-9-4 - Dismissal of action for failure to give security for costs. - 15-9-4. Dismissal of action for failure to give security for...
Section 15-9-5 - Motion for additional security for costs--Dismissal on failure to give additional security. - 15-9-5. Motion for additional security for costs--Dismissal on failure to...
Section 15-9-6 - Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice. - 15-9-6. Endorsement of summons when no personal claim made against...
Section 15-9-7 - Service by publication when defendant not found in state. - 15-9-7. Service by publication when defendant not found in state....
Section 15-9-8 - Service by publication in actions for divorce, annulment, child custody, and paternity. - 15-9-8. Service by publication in actions for divorce, annulment, child...
Section 15-9-8.1 - Service by publication in adoption proceedings. - 15-9-8.1. Service by publication in adoption proceedings. The court or...
Section 15-9-9 - Service by publication in actions involving property within state. - 15-9-9. Service by publication in actions involving property within state....
Section 15-9-10 - Service by publication in lien foreclosure actions. - 15-9-10. Service by publication in lien foreclosure actions. The court...
Section 15-9-11 - Service by publication on domestic corporation without known place of business or agent. - 15-9-11. Service by publication on domestic corporation without known place...
Section 15-9-12 - Service by publication on foreign corporation with property in jurisdiction of court. - 15-9-12. Service by publication on foreign corporation with property in...
Section 15-9-13 - Service by publication on absconding resident defendant. - 15-9-13. Service by publication on absconding resident defendant. The court...
Section 15-9-14 - Service by publication on nonresident with property in jurisdiction of court. - 15-9-14. Service by publication on nonresident with property in jurisdiction...
Section 15-9-15 - Service by publication on unknown parties. - 15-9-15. Service by publication on unknown parties. When it is...
Section 15-9-16 - Search within state not required for service of publication on nonresident. - 15-9-16. Search within state not required for service of publication...
Section 15-9-17 - Newspaper in which service by publication made--Number of publications. - 15-9-17. Newspaper in which service by publication made--Number of publications....
Section 15-9-18 - Filing of complaint stated in publication of summons--Publication of complaint not required. - 15-9-18. Filing of complaint stated in publication of summons--Publication of...
Section 15-9-19 - Mailing of summons and complaint to defendant served by publication. - 15-9-19. Mailing of summons and complaint to defendant served by...
Section 15-9-20 - Personal service without state in lieu of service by publication--Admission of service. - 15-9-20. Personal service without state in lieu of service by...
Section 15-9-21 - Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer. - 15-9-21. Time of completion of service by publication or personal...
Section 15-9-22 - Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense. - 15-9-22. Time allowed for defense after service by publication--Time after...
Section 15-9-23 - Action by assignee subject to setoff or defense--Negotiable instruments excepted. - 15-9-23. Action by assignee subject to setoff or defense--Negotiable instruments...
Chapter 10 - Lis Pendens Notice
Section 15-10-1 - Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes. - 15-10-1. Notice of action affecting real property filed with register...
Section 15-10-2 - Action pending from time of notice--Time allowed for service of summons. - 15-10-2. Action pending from time of notice--Time allowed for service...
Section 15-10-3 - Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound. - 15-10-3. Constructive notice from filing of notice--Subsequent purchasers and encumbrancers...
Section 15-10-4 - Discharge of notice of pendency of action--Contents, acknowledgment and recording. - 15-10-4. Discharge of notice of pendency of action--Contents, acknowledgment and...
Section 15-10-6 - Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion. - 15-10-6. Expungement of notice of pendency upon motion therefor--Showing necessary...
Section 15-10-7 - Expungement of notice of pendency upon motion therefor--Undertaking. - 15-10-7. Expungement of notice of pendency upon motion therefor--Undertaking. Any...
Section 15-10-8 - Expungement of notice of pendency--Notice of motion--Proof considered. - 15-10-8. Expungement of notice of pendency--Notice of motion--Proof considered. A...
Section 15-10-9 - Expungement of notice of pendency--Effect. - 15-10-9. Expungement of notice of pendency--Effect. When a certified copy...
Section 15-10-10 - Expungement of notice of pendency--Costs on grant or denial of motion. - 15-10-10. Expungement of notice of pendency--Costs on grant or denial...
Section 15-10-11 - Expungement provisions, liability unaffected by. - 15-10-11. Expungement provisions, liability unaffected by. Nothing in §§15-10-6 to...
Chapter 11 - Circuit Court Calendar And Continuances
Section 15-11-1 - Trial calendar. - 15-11-1. Trial calendar. The clerk of courts shall keep a...
Section 15-11-3 - Designation of days for trial of issues of law. - 15-11-3. Designation of days for trial of issues of law....
Section 15-11-4 - Postponement of trial or hearing. - 15-11-4. Postponement of trial or hearing. When an action or...
Section 15-11-5 - Postponement during legislative session when legislator is party or attorney--Notice of intention to apply. - 15-11-5. Postponement during legislative session when legislator is party or...
Section 15-11-6 - Time for application for continuance--Written motion and affidavit required--Hearing. - 15-11-6. Time for application for continuance--Written motion and affidavit required--Hearing....
Section 15-11-7 - Affidavit to support continuance on absence of witness--Contents. - 15-11-7. Affidavit to support continuance on absence of witness--Contents. An...
Section 15-11-8 - Counteraffidavits on application for continuance. - 15-11-8. Counteraffidavits on application for continuance. No counteraffidavits shall be...
Section 15-11-9 - Admission of testimony to avoid continuance--Reading of testimony. - 15-11-9. Admission of testimony to avoid continuance--Reading of testimony. Unless,...
Section 15-11-10 - Terms imposed on continuance or postponement. - 15-11-10. Terms imposed on continuance or postponement. Every continuance or...
Section 15-11-10.1 - Continuance by stipulation of all parties. - 15-11-10.1. Continuance by stipulation of all parties. After a certificate...
Section 15-11-11 - Dismissal for want of prosecution. - 15-11-11. Dismissal for want of prosecution. The court may dismiss...
Chapter 12 - Change Of Circuit Judge Or Magistrate
Section 15-12-19 - Settlement of record after resignation or expiration of term of judge. - 15-12-19. Settlement of record after resignation or expiration of term...
Section 15-12-20 - Definition of terms. - 15-12-20. Definition of terms. Terms, as used in §§15-12-20 to...
Section 15-12-21 - Actions in which affidavits for change of judge may be filed. - 15-12-21. Actions in which affidavits for change of judge may...
Section 15-12-21.1 - Informal request for disqualification. - 15-12-21.1. Informal request for disqualification. Prior to filing an affidavit...
Section 15-12-22 - Who may file affidavit--Effect of filing. - 15-12-22. Who may file affidavit--Effect of filing. When entitled to...
Section 15-12-23 - Parties united in interest--Necessity of unity--Effect of one party filing. - 15-12-23. Parties united in interest--Necessity of unity--Effect of one party...
Section 15-12-24 - Waiver of right by submitting to jurisdiction. - 15-12-24. Waiver of right by submitting to jurisdiction. The submission...
Section 15-12-26 - Form and content of affidavits. - 15-12-26. Form and content of affidavits. An affidavit for change...
Section 15-12-27 - Time for filing affidavit against judge or magistrate presiding in ordinary course. - 15-12-27. Time for filing affidavit against judge or magistrate presiding...
Section 15-12-28 - Time for filing after unanticipated change of judge or magistrate. - 15-12-28. Time for filing after unanticipated change of judge or...
Section 15-12-29 - Late appointment or employment of counsel--Extending time for filing. - 15-12-29. Late appointment or employment of counsel--Extending time for filing....
Section 15-12-30 - Filing of affidavit-Copies. - 15-12-30. Filing of affidavit-Copies. The affidavit for change of circuit...
Section 15-12-31 - Copies of affidavit served on adverse parties--Liability for failure to serve. - 15-12-31. Copies of affidavit served on adverse parties--Liability for failure...
Section 15-12-32 - Review of affidavit--Designation of substitute judge or magistrate. - 15-12-32. Review of affidavit--Designation of substitute judge or magistrate. The...
Section 15-12-33 - Transmittal of copies of order to substitute judge or magistrate and counsel. - 15-12-33. Transmittal of copies of order to substitute judge or...
Section 15-12-34 - Disqualification of all judges in circuit--Certification to Supreme Court. - 15-12-34. Disqualification of all judges in circuit--Certification to Supreme Court....
Section 15-12-35 - Assignment of substitute judge by Chief Justice. - 15-12-35. Assignment of substitute judge by Chief Justice. Upon receipt...
Section 15-12-36 - Jurisdiction of substituted judge or magistrate. - 15-12-36. Jurisdiction of substituted judge or magistrate. The judge or...
Section 15-12-37 - Disqualification on court's own motion. - 15-12-37. Disqualification on court's own motion. A judge or magistrate...
Chapter 13 - Reference Of Cases
Section 15-13-1 - Purposes for which reference made on agreement of parties. - 15-13-1. Purposes for which reference made on agreement of parties....