LexisNexis South Dakota Rules of Court Annotated

All the state, local, and federal rules you need for your South Dakota practice.
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This two-volume set includes all rules of practice and procedure from Titles 15, 16, 19 and 23A, as approved by the South Dakota Supreme Court and codified by the South Dakota Legislature. Also included are the:

- Local Rules of Practice of the United States District Court for the District of South Dakota--Criminal, Civil
- Rules for the United States Court of Appeals for the Eighth Circuit, including an integration of the Federal Rules of Appellate Procedure where adopted by the Eighth Circuit
- United States Bankruptcy Court District of South Dakota
- Indian Child Welfare Act of 1978 (25 U.S.C., sec. 1901 to 196) as well as Guidelines for State Courts: Indian Child Custody Proceedings Department of the Interior, Bureau of Indian Affairs

Both volumes are heavily annotated with case notes derived from decisions of the South Dakota Supreme Court and appropriate Federal Courts.

Volume 1 has been divided and is comprised of Volume A and Volume B.

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Table of Contents

Volume 1A

TITLE 15: CIVIL PROCEDURE


Chapter
15-1. General Provisions
15-2. Limitation of Actions
15-2A. Suits Involving Improvements to Real Estate
15-3. Actions for the Recovery of Real Property — Adverse Possession
15-4. Survival of Actions
15-5. Venue
15-5A. Interactive Audiovisual Device Use in Court Proceedings
15-6. Circuit Court Rules of Procedure
15-7. Personal Jurisdiction
15-8. Remedies on Joint Liability
15-9. Service of Process and Commencement of Actions
15-10. Lis Pendens
15-11. Circuit Court Calendars
15-12. Change of Circuit Judge or Magistrate
15-13. Proceedings Before a Referee
15-14. Jury Trials
15-15. Record and Exhibits
15-15A. Unified Judicial System Court Records Rule
15-16. Judgments
15-16A. Uniform Enforcement of Foreign Judgments Act
15-17. Recovery of Disbursements
15-18. Execution of Judgments
15-19. Execution Sales
15-20. Supplementary Proceedings upon Execution
15-21. Civil Penalties for Public Servants
15-22. Arrest and Bail in Civil Cases, Repealed
15-23. Discharge from Imprisonment on Civil Process, Repealed
15-24. Supreme Court Procedure
15-24A. Certification of Questions of Law to Supreme Court
15-25. Original Proceedings in Supreme Court
15-26. Procedure for Taking Appeal to Supreme Court, Repealed
15-26A. Rules of Civil Appellate Procedure
15-26B. Supreme Court Electronic Filing Rules [Repealed]
15-26C. Supreme Court Electronic Filing Rules
15-27. Stay of Execution on Appeal to Supreme Court, Repealed
15-28. Undertakings and Deposits on Appeal to Supreme Court, Repealed
15-29. Record and Briefs on Appeal to Supreme Court, Repealed
15-30. Disposition of Appeals to Supreme Court
15-31. County Court Procedure, Repealed
15-32. Municipal Court Procedure, Repealed
15-33. General Powers and Process of Justices’ Courts, Repealed
15-34. Attachment and Garnishment in Justices’ Courts, Repealed
15-35. Pleadings and Trial in Justices’ Courts, Repealed
15-36. Judgments and Execution in Justices’ Courts, Repealed
15-37. Records, Dockets and Accounting by Justices, Repealed
15-38. Appeals from Magistrate Court
15-39. Procedure for Small Claims in Circuit and Magistrate Courts

TITLE 16: COURTS AND JUDICIARY

Chapter
16-1. The Supreme Court
16-1A. Commission on Judicial Qualifications
16-2. The Unified Judicial System
16-3. Supreme Court Rules
16-4. Supreme Court Reports
16-5. Judicial Circuits and Terms of Court
16-6. Circuit Courts
16-7. Circuit Court Bailiffs, Reporters and Interpreters, Repealed
16-8. Supreme and Circuit Court Judges’ Retirement Program, Repealed
16-9. District County Courts, Repealed
16-10. County Clerk of Courts, Repealed
16-11. Municipal Courts, Repealed
16-11A. District County Court and Municipal Court Judges’ Retirement, Repealed
16-12. Justices of the Peace and Police Magistrates, Repealed
16-12A. Magistrate Courts
16-12B. Magistrate Judges
16-12C. Clerk Magistrates
16-13. Selection of Juries
16-14. Judicial Conference of the State of South Dakota
16-15. Contempt and Offenses Against the Judiciary
16-16. Licensing of Attorneys and Admission to Practice
16-17. State Bar of South Dakota
16-18. Powers and Duties of Attorneys
16-19. Discipline of Attorneys
16-20. Expanded Media Coverage of Trial Court Proceedings
16-21. Electronic Document System — Court Record
16-21A. Circuit Court Electronic Filing Rules
16-22. Drug Court and Other Public Safety Programs
16-23. Rural County Attorney Recruitment Pilot Program

Volume 1B

TITLE 19: EVIDENCE

Chapter
19-1. Competency of Witnesses
19-2. Privileged Communications
19-3. Taking Testimony
19-4. Affidavits and Certified Writings
19-5. Subpoena of Witnesses
19-6. Expert Witnesses and Reports, Repealed
19-7. Records, Documents and Judicial Proceedings
19-8. Proof of Foreign Law
19-9. General Rules of Evidence [Transferred]
19-10. Judicial Notice [Transferred]
19-11. Presumptions [Transferred]
19-12. Relevancy [Transferred]
19-13. Privileges [Transferred]
19-13A. Uniform Mediation Act
19-14. Witnesses [Transferred]
19-15. Opinions and Expert Testimony [Transferred]
19-16. Hearsay [Transferred]
19-17. Identification and Authentication [Transferred]
19-18. Recordings, Writings and Photographs [Transferred]
19-19. South Dakota Rules of Evidence

TITLE 23A: CRIMINAL PROCEDURE

23A-1. Purpose and Scope of Title
23A-2. Summons, Complaint and Warrant
23A-3. Arrest
23A-4. Preliminary Proceedings Before Magistrate
23A-5. (Rule 6) Grand Jury
23A-6. Information and Indictment
23A-7. Arraignment and Pleas
23A-8. (Rule 12) Pleadings and Pretrial Motions
23A-9. (Rule 12.1) Notice of Alibi
23A-10. (Rule 12.2) Notice of Mental Illness Defense
23A-10A. Defendant’s Mental Competency to Proceed
23A-11. Joinder for Trial
23A-12. (Rule 15) Depositions
23A-13. (Rule 16) Discovery
23A-14. (Rule 17) Subpoena and Attendance of Witnesses
23A-14A. Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act
23A-15. (Rule 17.1) Pretrial Conference
23A-16. Jurisdiction and Venue of Offenses and Proceedings
23A-17. Transfer of Proceedings from County
23A-18. (Rule 23) Trial by Jury or Court
23A-19. Jury Panel
23A-20. (Rule 24) The Trial Jury
23A-21. (Rule 25) Disability or Disqualification of Judge
23A-22. Evidence
23A-23. (Rule 29) Motion for Acquittal
23A-24. Conduct of Trial
23A-25. Jury Instructions and Deliberations
23A-26. (Rule 31) Verdict
23A-27. Sentence and Judgment
23A-27A. Capital Punishment
23A-28. Restitution to Crime Victims
23A-28A. Profits from Crime
23A-28B. Crime Victims’ Compensation Program
23A-28C. Crime Victims’ Act
23A-29. (Rule 33) New Trial
23A-30. (Rule 34) Arrest of Judgment
23A-31. Correction of Proceedings
23A-32. Appeals to Supreme Court
23A-33. Relief Pending Appeal
23A-34. Repealed
23A-35. (Rule 41) Search and Seizure
23A-35A. Interception of Wire or Oral Communications
23A-35B. HIV Testing of Sexual Assault Suspects & Prostitutes
23A-36. Seizure and Disposition of Obscene Material
23A-37. Seized Property
23A-38. (Rule 42) Contempt
23A-39. (Rule 43) Presence of the Defendant
23A-40. (Rule 44) Counsel for Indigent Defendant
23A-41. (Rule 45) Time Allowed
23A-42. Limitation of Criminal Prosecutions
23A-43. (Rule 46) Bail
23A-44. Other Administrative Provisions
23A-45. Definitions and General Provisions
23A-46. Mental Examinations and Hearings
23A-47. Administrative Financial Accountability System
23A-48. Probation Supervision, Discharge and Violation of Conditions
23A-49. Civil Forfeiture for Crime
23A-50. Mental Health Procedures
Index—State Court Rules


Volume 2

APPENDIX


Tribal Court Handbook

FEDERAL LAWS AND RULES

Indian Child Welfare Act of 1978
Appendix: Guidelines for Implementing the Indian Child Welfare Act
Guidelines for State Courts: Indian Child Custody Proceedings, Department of the Interior, Bureau of Indian Affairs
Civil — Local Rules of Practice of the United States District Court for the District of South Dakota
Criminal — Local Rules of Practice of the United States District Court for the District of South Dakota
Local Bankruptcy Court for the District of South Dakota
Index of Appendices
Rules Governing Section 2254 Cases in the United States District Courts
Appendix of Forms
Rules Governing Section 2255 Proceedings for the United States District Courts
Appendix of Forms
Federal Rules of Appellate Procedure
Forms
Rules for the United States Court of Appeals for the Eighth Circuit
Internal Operating Procedures of the United States Court of Appeals for the Eighth Circuit
Appendix A: Chronology of Events for A Typical Civil Appeal in the Eighth Circuit
Appendix B: Chronology of Events for A Typical Criminal Appeal in the Eighth Circuit
Plan of the United States Court of Appeals for the Eighth Circuit to Expedite Criminal Appeals
Rules Governing Complaints of Judicial Misconduct and Disability [Pre-March 12, 2019]
Complaint Form
Rules Governing Complaints of Judicial Misconduct and Disability [Amended March 12, 2019]
Rules of Civil Procedure for United States District Courts
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions
Rules of Criminal Procedure for United States District Courts
Rules of Evidence for United States Courts and Magistrate Judges
Federal Rules of Bankruptcy Procedure
Official Forms
Index—Federal Court Rules

[For SDCL Titles 15 and 16, see Volume 1A]

[For SDCL Titles 19 and 23A, see Volume 1B]