South Dakota Civil Motion Practice: Rules, Deadlines, and Procedures

Jurisdiction: South Dakota

Civil Motion Practice in South Dakota Circuit Court

Civil motion practice in South Dakota is governed primarily by SDCL ch. 15-6 (the South Dakota Rules of Civil Procedure), which the state adopted as a comprehensive codification of civil litigation rules. While South Dakota's procedural framework parallels federal practice in many respects, important distinctions exist in pleading standards, motion deadlines, and evidentiary requirements. Understanding these differences is critical for attorneys and pro se litigants filing motions in South Dakota Circuit Courts.

Notice Pleading Standard and Motion to Dismiss

South Dakota follows a notice pleading standard, similar to Federal Rule of Civil Procedure 12(b)(6), but with a key distinction in its application. Under SDCL 15-6-8, a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." This is not fact pleading — general allegations and legal conclusions suffice in most cases, provided they give the opposing party fair notice of the claim.

However, South Dakota has adopted a more stringent approach to evaluating motions to dismiss under SDCL 15-6-12(b)(6) than some federal jurisdictions. While courts are required to accept all well-pleaded factual allegations as true, they need not accept legal conclusions, threadbare recitals of legal elements, or formulaic recitations of cause-of-action elements. South Dakota courts apply a reasonableness test: does the complaint contain enough facts to raise a reasonable expectation that discovery will reveal evidence supporting the claim?

Key procedural requirements for a motion to dismiss:

  • File the motion within the time allowed for responding to the pleading, typically 20 days after service under SDCL 15-6-12(a)

  • A motion to dismiss does not waive the right to later contest personal jurisdiction, venue, or other defenses if properly reserved

  • The motion must be in writing and include a memorandum of law supporting the arguments

  • A motion to dismiss is not waived by raising it in an answer; it must be raised affirmatively or it is preserved for appeal

    • If a motion to dismiss is denied, the respondent has 10 days to file a responsive pleading under SDCL 15-6-12(a).

    Motion for Summary Judgment

    South Dakota's summary judgment standard under SDCL 15-6-56 closely mirrors the federal standard established in Celotex Corp. v. Catrett, 477 U.S. 317 (1986). A party is entitled to summary judgment if "the pleadings, depositions, answers to interrogatories, admissions, and affidavits on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law."

    Timing and deadlines:

  • A motion for summary judgment may be filed at any time until 30 days before trial, unless the court orders otherwise under SDCL 15-6-56(a)

  • The opposing party typically has 20 days to file a response and supporting materials

  • The moving party may file a reply within 10 days of the response

    • Burden of proof:

    The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. Once met, the burden shifts to the non-moving party to establish, by affidavit or otherwise, specific facts showing a genuine dispute for trial. Bare denials or conclusory statements are insufficient.

    Partial summary judgment:

    South Dakota permits partial summary judgment under SDCL 15-6-56(a). A court may grant summary judgment on some claims while allowing others to proceed to trial. This is particularly useful in multi-claim cases where certain legal elements are undisputed.

    Motion for Judgment on the Pleadings

    Under SDCL 15-6-12(c), a motion for judgment on the pleadings may be filed by any party after an opposing party has served a responsive pleading (or within the time for doing so). This motion challenges whether, viewing the pleadings alone and accepting well-pleaded allegations as true, the moving party is entitled to judgment as a matter of law.

    This motion is more limited than a motion to dismiss: it cannot raise defenses that require factual development. It is most effective when a plaintiff's own allegations establish an affirmative defense or demonstrate that legal elements are lacking. The same notice and briefing requirements apply as to motions to dismiss.

    Motion to Compel Discovery

    Discovery disputes in South Dakota are governed by SDCL 15-6-26 through 15-6-37. Before filing a motion to compel, SDCL 15-6-26(c) requires a good-faith effort to resolve the dispute without court intervention — a "meet-and-confer" requirement.

    Meet-and-confer procedure:

  • The requesting party must make a reasonable attempt to obtain the disclosure or discovery response without court action, including a written demand (letter or email) that specifies the dispute

  • The parties should attempt to resolve the dispute through discussion

  • If unresolved, the moving party may file a motion to compel

    • Motion to compel procedure:

  • File the motion in the court where the action is pending under SDCL 15-6-37(a)

  • Include a certification of the meet-and-confer effort

  • Attach relevant discovery requests, responses, and correspondence demonstrating the dispute

  • The opposing party has 10 days to file a response

    • Fee-shifting:

    Under SDCL 15-6-37(a)(5), if a motion to compel is granted, the court must require the party failing to make disclosure or discovery response to pay the moving party's reasonable expenses, including attorney's fees, unless the movant failed to make a good-faith effort to obtain disclosure, the non-moving party's position was substantially justified, or other circumstances make an award unjust.

    Conversely, if a motion to compel is denied, the moving party may be sanctioned under SDCL 15-6-37(a)(5).

    Motion in Limine

    Motions in limine are governed by SDCL 15-6-43 (requests for admission) and the South Dakota Rules of Evidence (SDCL ch. 19-19). While not explicitly codified in the rules of civil procedure, South Dakota courts recognize motions in limine as proper pre-trial motions to exclude evidence.

    Timing and filing:

  • File before trial, typically at a pre-trial conference or as directed by the court

  • No specific deadline is mandated; however, early filing (at least 14 days before trial) is prudent

  • Submit a written motion with supporting memorandum explaining the grounds for exclusion

    • Common topics:

  • Prior bad acts: Excluded under SDCL 19-19-404 unless admissible under specific exceptions (habit, pattern, prior similar acts in certain cases)

  • Insurance: Excluded under SDCL 19-19-411 as irrelevant and prejudicial

  • Settlement discussions and offers of compromise: Excluded under SDCL 19-19-408

  • Liability insurance: Excluded under SDCL 19-19-411

  • Subsequent remedial measures: May be excluded under SDCL 19-19-407 depending on purpose

    • The trial court has discretion to rule on motions in limine before or during trial.

    Motion for Default Judgment

    When a defendant fails to answer or respond to a complaint within the time prescribed by SDCL 15-6-12(a), the plaintiff may seek a default judgment under SDCL 15-6-55.

    Procedure:

  • File a motion for entry of default with the court under SDCL 15-6-55(a)

  • The court clerk enters default if the defendant has failed to timely respond

  • The plaintiff must then prove damages or damages are assessed by the court under SDCL 15-6-55(b)

    • Proving damages:

    The defaulting defendant is deemed to have admitted all well-pleaded factual allegations, but not legal conclusions. The plaintiff must prove the amount of damages through evidence (affidavits, testimony, documents). For unliquidated damages, the court may conduct a hearing.

    Relief from default:

    A defendant may seek relief from default under SDCL 15-6-60(b) for "excusable neglect" within a reasonable time. South Dakota courts apply a liberal standard favoring decisions on the merits, so early motion practice is important.

    Motion to Amend Complaint

    Under SDCL 15-6-15(a), a party may amend a pleading once as a matter of right within 20 days after service of a responsive pleading or within 20 days before trial, whichever is earlier. After that period, amendment requires written consent of the opposing party or court leave.

    Standard for leave to amend:

    South Dakota courts apply a liberal standard under SDCL 15-6-15(b), granting leave unless:

  • The amendment would cause undue prejudice to the opposing party

  • The amendment is made with undue delay

  • There is a history of repeated amendments

  • The amendment is futile (fails to state a valid claim)

    • Relation back doctrine:

    Under SDCL 15-6-15(c), an amendment relating back to the original complaint if:

  • The claim or defense asserted in the amended pleading arose out of the same conduct or occurrence as the original pleading

  • The new defendant received notice within the time for service and knew or should have known the action would have been brought against them but for mistake of identity

    • This is particularly important in statute-of-limitations contexts.

    Temporary Restraining Order and Preliminary Injunction

    South Dakota's standards for temporary restraining orders (TROs) and preliminary injunctions are codified in SDCL 15-6-65 and informed by equitable principles. Under SDCL 15-6-65(b), a court may grant a TRO without written notice to the adverse party or opportunity to be heard only in circumstances of extreme urgency, and such TRO expires within 14 days unless extended by the court.

    Requirements for preliminary injunction:

    To obtain a preliminary injunction under SDCL 15-6-65(a), the movant must demonstrate:

    1. Likelihood of success on the merits: The plaintiff must establish a substantial likelihood of success on the underlying claim, not merely a possibility
    2. Irreparable harm: The plaintiff must show that the threatened harm cannot be adequately remedied by monetary damages alone
    3. Balance of equities: The threatened injury to the plaintiff must outweigh the harm the injunction would impose on the defendant
    4. Public interest: The injunction must not disserve the public interest

    Procedure:

  • File a motion for preliminary injunction with supporting affidavits and memorandum of law

  • South Dakota courts typically hold an evidentiary hearing before granting an injunction

  • Bond may be required under SDCL 15-6-65(c) as a condition of the injunction

    • Motion to Change Venue or Transfer

    Venue in South Dakota Circuit Courts is governed by SDCL 15-6-3, which establishes venue in the county where a defendant resides, the county where the claim arose, or other statutory bases.

    Motion procedure:

    Under SDCL 15-6-12(b)(3), improper venue is a defense that may be raised by motion or in a responsive pleading. A motion to change venue must:

  • Be filed before or with the defendant's first appearance

  • State the county where the action should be transferred and grounds for transfer

  • Be supported by affidavits or other evidence establishing improper venue

    • The court has discretion to transfer if convinced venue is improper or inconvenient.

    Motion to Consolidate or Sever

    Consolidation of related actions is governed by SDCL 15-6-42(a). A court may consolidate cases involving a common question of law or fact if consolidation will expedite resolution and avoid prejudice.

    Severance under SDCL 15-6-42(b) allows separation of claims if separately trying claims or defenses will promote convenience, avoid prejudice, or expedite trial.

    Procedure:

  • File a written motion supported by a memorandum explaining the grounds for consolidation or severance

  • Notice must be given to all affected parties

  • The court has broad discretion in these matters

    • Motion for Continuance

    Continuances are governed by case law and local court rules rather than a single statute. Motions for continuance must:

  • Be filed promptly (not immediately before trial)

  • Show good cause, such as illness, unavailability of counsel or witnesses, or need for additional discovery

  • Be supported by affidavits if necessary

  • Consider prejudice to the opposing party

    • South Dakota courts disfavor continuances close to trial absent extraordinary circumstances.

    Post-Trial Motions

    Post-trial motions are critical to preserving appellate rights and are governed by SDCL 15-6-50 through 15-6-59.

    Motion for new trial (SDCL 15-6-59):

  • Deadline: Must be filed within 30 days after entry of judgment

  • Grounds: Grounds include error at trial, newly discovered evidence, excessive or inadequate damages, or that the verdict is contrary to the weight of evidence

  • Procedure: File a written motion with supporting memorandum and, if based on newly discovered evidence, affidavits establishing the evidence was not available with reasonable diligence

    • Motion for judgment as a matter of law (SDCL 15-6-50):

  • Deadline: Must be filed within 30 days after entry of judgment

  • Standard: May be granted only if no reasonable jury could have rendered the verdict on the evidence presented; similar to federal JNOV standards

  • Trial timing: A motion for judgment as a matter of law must be made at trial (or within 10 days after jury discharge if the trial court is willing to consider it)

    • Motion to alter or amend judgment (SDCL 15-6-59(e)):

  • Deadline: Must be filed within 30 days after entry of judgment

  • Grounds: Limited to correction of mistakes, clarification of ambiguous language, or relief from manifest error

  • Distinction from new trial motion: This motion does not allow reconsideration of the merits but only correction of errors in the judgment itself

    • General Motion Practice Requirements

    Format and filing:

    All motions in South Dakota must comply with formatting requirements under SDCL 15-6-7 through 15-6-11:

  • Pleadings and motions must be on 8.5" x 11" paper, single-sided, with margins of at least one inch

  • Font must be 12-point proportional type or 10 characters per inch monospace

  • E-filing is required in most South Dakota Circuit Courts; check local court rules for specific requirements

  • Paper filing may still be permitted for pro se litigants or with court permission

    • Motion components:

    A typical motion includes:

  • Notice of Motion (caption identifying the motion and party filing)

  • Memorandum of Law (brief in support, typically limited to 20-30 pages depending on motion type)

  • Supporting Affidavits or Declarations (signed under penalty of perjury)

  • Exhibits (referenced in motion and attachments)

  • Proposed Order (blank order for court signature)

    • Notice and service requirements:

    Under SDCL 15-6-5, motions must be served on all parties at least 5 days before the hearing, unless otherwise ordered. Service may be by:

  • Personal delivery

  • Mail (adds 3 days to the notice period)

  • Email (if parties have agreed or court has approved)

  • Other methods authorized by court order

    • Briefing deadlines:

  • Motion: As filed

  • Opposition: Typically 10 days before hearing (verify local rules)

  • Reply: Typically 5 days after opposition (verify local rules)

    • Oral argument:

    Most South Dakota courts allow parties to request oral argument on motions. Requests are typically made in the motion or opposition. Courts may grant or deny oral argument requests at their discretion. For summary judgment motions, many courts hold oral arguments as standard practice.

    Ex parte motions:

    Certain motions (such as temporary restraining orders under SDCL 15-6-65(b)) may be filed ex parte (without notice to the opposing party) in circumstances of extreme urgency. However, the opposing party must generally be given notice and an opportunity to be heard before final relief is granted.

    Key Takeaways

  • Notice pleading applies in South Dakota, but courts require sufficient factual allegations to provide fair notice and raise a reasonable expectation of discovery revealing supporting evidence

  • Summary judgment deadlines are strict — motions must be filed 30 days before trial, and the non-moving party has limited time to respond; partial summary judgment is permitted

  • Meet-and-confer requirements apply to discovery disputes before filing a motion to compel, and fee-shifting may be awarded if the motion is granted

  • Post-trial motions have rigid 30-day deadlines from entry of judgment (SDCL 15-6-59); missing these deadlines may waive appellate rights

  • Motions must comply with formatting requirements, be served with proper notice

    • Need help with your case?

    BenchSlap verifies every citation against real law across all 50 states.

    Try BenchSlap Free
    BenchSlap.com — Legal citation verification for all 50 states