South Dakota Statutes

Title 15 - CIVIL PROCEDURE

Chapter 01 - Definitions And General Provisions
- Section 15-1-1 - Definition of terms.
- Section 15-1-2 - Civil and criminal remedies not merged.
- Section 15-1-3 - Time during which action is pending.
Chapter 02 - Limitation Of Actions Generally
- Section 15-2-1 - Commencement of civil actions limited by prescribed periods--Manner ofobjecting to commencement.
- Section 15-2-12.1 - Repealed.
- Section 15-2-12.2 - Product liability actions--Prospective application.
- Section 15-2-13 - Contract obligation or liability--Statutory liability--Trespass--Personalproperty--Injury to noncontract rights--Fraud--Setting aside corporateinstrument.
- Section 15-2-14 - Action against sheriff, coroner, or constable--Action for statutory penalty orforfeiture--Action for personal injury.
- Section 15-2-14.1 - Time for bringing medical malpractice actions--Counterclaims--Prospectiveapplication.
- Section 15-2-14.2 - Time for bringing legal malpractice actions--Prospective application.
- Section 15-2-14.3 - Time for bringing action against professional corporation--Corporate characterand status unaffected.
- Section 15-2-14.4 - Time for bringing action against licensed public accountant.
- Section 15-2-14.5 - Time for bringing action against veterinarian--Counterclaims.
- Section 15-2-14.6 - Time for bringing action against real estate licensees, agents, and employees--Prospective application.
- Section 15-2-14.7 - Time for bringing action against firm of real estate broker, agent, or employee--Prospective application.
- Section 15-2-14.8 - Time for bringing action against certain professional corporations andprofessional practitioners for acts or omissions occurring prior to January 1,1990.
- Section 15-2-15 - Actions for libel, slander, assault, battery, or false imprisonment--Actions forstatutory forfeitures or penalties--Actions concerning wages.
- Section 15-2-15.1 - Repealed.
- Section 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.
- Section 15-2-17 - Actions for escape of prisoner arrested on civil process--Statutory forfeiture orpenalty--Petty offense.
- Section 15-2-18 - Actions on instruments circulated as money not limited by provisions.
- Section 15-2-19 - Actions against bank directors, shareholders, agents, or employees.
- Section 15-2-2 - Application of limitations to actions by or for state--Exceptions.
- Section 15-2-20 - Tolling of statute during absence of defendant from state--Real estate mortgageforeclosure actions excepted.
- Section 15-2-21 - Running of statute against enemy alien during war.
- Section 15-2-22 - Tolling of statute during disability--Maximum period of extension--Actionsexcepted.
- Section 15-2-22.1 - Repealed.
- Section 15-2-23 - Disability to have existed when right of action accrued.
- Section 15-2-24 - Coexisting disabilities.
- Section 15-2-25 - Tolling of statute during injunction or statutory prohibition.
- Section 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 operationof chapter.
- Section 15-2-3 - Cause of action based on fraud accruing on discovery or notice.
- Section 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.
- Section 15-2-32 - New action after reversal of judgment on appeal.
- Section 15-2-33 - Dismissal without prejudice subject to plaintiff's right to satisfy earlierjudgment involving same parties.
- Section 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.
- Section 15-2-4 - Accrual of cause of action on open account.
- Section 15-2-5 - Accrual of cause of action for mortgage foreclosure.
- Section 15-2-5.1 - Limitation of action to challenge validity on nonjudicial foreclosure of realproperty mortgage.
- Section 15-2-6 - Actions on state judgments and sealed instruments.
- Section 15-2-7 - Actions to foreclose real estate mortgages.
- Section 15-2-8 - Judgment of federal or foreign court--Mentally ill person's support--Abstracter'sbond--Relief not otherwise provided for.
- Sections 15-2-26, 15-2-27 - Repealed
- Sections 15-2-9 to 15-2-12 - Repealed
Chapter 02A - Limitation Of Actions For Construction Deficiencies
- Section 15-2A-1 - Legislative findings--Ten-year limitation--Exceptions.
- Section 15-2A-2 - Legislative intent.
- Section 15-2A-3 - Time for bringing action--Date of substantial completion.
- Section 15-2A-4 - Persons in control of improvement may not assert limitation.
- Section 15-2A-5 - Injuries occurring in tenth year.
- Section 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.
- Section 15-2A-8 - Express warranty or guaranty.
- Section 15-2A-9 - Tolling provisions.
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 orpossession.
- Section 15-3-10 - Twenty years' possession under written instrument or judgment deemed adversepossession--Tract divided into lots.
- Section 15-3-11 - Acts constituting adverse possession based on written instrument or judgment.
- Section 15-3-12 - Actual occupation required for adverse possession under claim other than writteninstrument or judgment.
- Section 15-3-13 - Acts constituting adverse possession under claim other than written instrument or judgment.
- Section 15-3-14 - Tolling of statute during disability--Time for commencement of action after removal ofdisability.
- 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.
- 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.
- Section 15-3-17 - Tax payment vesting provisions not applicable to public lands or religious or charitablesocieties.
- Section 15-3-18 - Tax payment vesting provisions not applicable against person under disability--Time forcommencement of action after removal of disability.
- Section 15-3-2 - Seizin or possession within twenty years required for cause of action or defense based ontitle to real property.
- Section 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.
- Section 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.
- Section 15-3-7 - Possession of real property presumed from legal title--Occupation by another presumedsubordinate to legal title.
- Section 15-3-8 - Tenant's possession deemed that of landlord--Continuation after termination of tenancy.
- Section 15-3-9 - Possessory right not impaired by descent on death of person in possession.
Chapter 04 - Abatement And Survival Of Actions
- Section 15-4-1 - Causes of action surviving death of party--Brought by or against legal representative.
- Section 15-4-2 - Action continues where cause of action survives.
- Section 15-4-3 - Death of party after verdict or decision and before judgment--Judgment payable in courseof administration.
Chapter 05 - Venue Of Actions
- Section 15-5-1 - Venue based on location of subject matter.
- Section 15-5-10 - Trial of action in county where commenced unless defendant demands change of venue.
- Section 15-5-11 - Grounds for change of venue.
- Section 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 requiredbefore continuation or commencement of new action.
- Section 15-5-2 - Venue where cause of action arose.
- Section 15-5-3 - Venue of actions on life, health and accident insurance policies.
- Section 15-5-4 - Venue of actions on fidelity bond executed by domestic company.
- Section 15-5-5 - Venue of actions on contracts and bonds other than fidelity bond issued by domesticcompany.
- Section 15-5-6 - Venue based on residence of defendant--Nonresident defendants--Payment of jurors' feesand mileage--Stipulation to venue.
- Section 15-5-7 - Venue of action on promissory note.
- Section 15-5-8 - Venue of actions for conversion or recovery of damages.
- Section 15-5-9 - Dismissal of action where party added to control venue.
Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings
- Section 15-5A-1 - General provisions.
- Section 15-5A-2 - Traffic offense proceedings.
- Section 15-5A-3 - Pre-trial criminal proceedings.
- Section 15-5A-4 - Misdemeanor plea or sentencing hearings.
- Section 15-5A-5 - Post-conviction proceedings.
- Section 15-5A-6 - Juvenile proceedings.
- Section 15-5A-7 - Civil commitment hearings.
- Section 15-5A-8 - Grand jury proceedings.
- Section 15-5A-9 - Where not permitted.
Chapter 06 - Rules Of Procedure In Circuit Courts
- Section 15-6-1 - Scope of Chapter.
- Section 15-6-10(a) - Caption--Names of parties.
- Section 15-6-10(b) - Paragraphs--Separate statements.
- Section 15-6-10(c) - Adoption by reference--Exhibits.
- Section 15-6-10(d) - Roman numerals--Use--Restrictions.
- Section 15-6-11(a) - Signature.
- Section 15-6-11(b) - Representations to court.
- Section 15-6-11(c) - Sanctions.
- Section 15-6-11(d) - Inapplicability to discovery.
- Section 15-6-11(e) - Appeal to Supreme Court--Award of attorneys' fees and costs on appeal.
- Section 15-6-12(a) - Time for presenting defenses and objections.
- Section 15-6-12(b) - Manner of presenting defenses and objections.
- Section 15-6-12(c) - Motion for judgment on the pleadings.
- Section 15-6-12(d) - Preliminary hearings.
- Section 15-6-12(e) - Motion for more definite statement.
- Section 15-6-12(f) - Motion to strike.
- Section 15-6-12(g) - Consolidation of defenses in motion.
- Section 15-6-12(h) - Waiver or preservation of certain defenses.
- Section 15-6-13(a) - Compulsory counterclaims.
- Section 15-6-13(b) - Permissive counterclaims.
- Section 15-6-13(c) - Counterclaim exceeding opposing claim.
- Section 15-6-13(d) - Counterclaim against the State of South Dakota.
- Section 15-6-13(e) - Counterclaim maturing or acquired after pleading.
- Section 15-6-13(f) - Omitted counterclaim.
- Section 15-6-13(g) - Cross-claim against co-party.
- Section 15-6-13(h) - Joinder of additional parties.
- Section 15-6-13(i) - Separate trials--Separate judgments.
- Section 15-6-14(a) - When defendant may bring in third party.
- Section 15-6-14(b) - When plaintiff may bring in third party.
- Section 15-6-15(a) - Amendments to pleadings.
- Section 15-6-15(d) - Supplemental pleadings.
- Section 15-6-16 - Pretrial procedure--Formulating issues.
- Section 15-6-17(a) - Real party in interest.
- Section 15-6-17(b) - Capacity to sue or be sued.
- Section 15-6-17(c) - Representation of minors or incompetent persons.
- Section 15-6-18(a) - Joinder of claims.
- Section 15-6-18(b) - Joinder of remedies--Fraudulent conveyances.
- Section 15-6-19(a) - Persons to be joined if feasible.
- Section 15-6-19(b) - Determination by court whenever joinder not feasible.
- Section 15-6-19(c) - Pleading reasons for nonjoinder.
- Section 15-6-19(d) - Exception of class actions.
- Section 15-6-2 - One form of action.
- Section 15-6-20(a) - Permissive joinder.
- Section 15-6-20(b) - Separate trials.
- Section 15-6-21 - Misjoinder and nonjoinder of parties.
- Section 15-6-22 - Interpleader.
- Section 15-6-23.1 - Derivative actions by unincorporated associations.
- Section 15-6-23.2 - Actions relating to unincorporated associations.
- Section 15-6-23(a) - Prerequisites to a class action.
- Section 15-6-23(b) - Class actions maintainable.
- Section 15-6-23(c) - Determination by order whether class action to be maintained--Notice--Judgment--Actions conducted partially as class actions.
- Section 15-6-23(d) - Orders in conduct of actions.
- Section 15-6-23(e) - Dismissal or compromise of class actions.
- Section 15-6-24(a) - Intervention of right.
- Section 15-6-24(b) - Permissive intervention.
- Section 15-6-24(c) - Procedure for intervention.
- Section 15-6-25.1 - Dismissal of parties--Subsequent pleadings.
- Section 15-6-25(a) - Death of party.
- Section 15-6-25(b) - Incompetency of party.
- Section 15-6-25(c) - Transfer of party's interest.
- Section 15-6-25(d) - Officer as party--Death or separation from office.
- Section 15-6-25(e) - Judgment for possession of real property--Successor in interest--Revival.
- Section 15-6-26(c) - Protective orders.
- Section 15-6-26(d) - Sequence and timing of discovery.
- Section 15-6-26(e) - Supplementation of responses.
- Section 15-6-26(f) - Superseded.
- Section 15-6-27(a) - Depositions before action.
- Section 15-6-27(b) - Depositions pending appeal.
- Section 15-6-27(c) - Perpetuation of testimony by action.
- Section 15-6-28(a) - Taking depositions within the United States.
- Section 15-6-28(b) - Taking depositions in foreign countries.
- Section 15-6-28(c) - Disqualification to take deposition for interest.
- Section 15-6-29 - Stipulations regarding the taking of depositions.
- Section 15-6-3 - Commencement of action.
- Section 15-6-30(a) - When depositions may be taken.
- Section 15-6-30(b) - Notice of examination--General requirements--Special notice--Nonstenographicrecording--Production of documents and things--Deposition of organization.
- Section 15-6-30(c) - Examination and cross-examination--Record of examination--Oath--Objections.
- Section 15-6-30(d) - Schedule and duration--Motion to terminate or limit examination.
- Section 15-6-30(e) - Submission to witness--Changes--Signing.
- Section 15-6-30(f) - Certification and filing by officer--Exhibits--Copies.
- Section 15-6-30(g) - Failure to attend or to serve subpoena for deposition expenses.
- Section 15-6-31(a) - Serving questions--Notice.
- Section 15-6-31(b) - Officer to take responses and prepare record.
- Section 15-6-31(c) - Notice of filing.
- Section 15-6-31(d) - Superseded.
- Section 15-6-32(a) - Use of depositions.
- Section 15-6-32(b) - Objections to admissibility.
- Section 15-6-32(c) - Effect of taking or using deposition.
- Section 15-6-32(d) - Effect of errors and irregularities in depositions.
- Section 15-6-33(a) - Availability--Procedures for use.
- Section 15-6-33(b) - Scope--Use at trial.
- Section 15-6-33(c) - Option to produce business records.
- Section 15-6-34 -
- Section 15-6-34(a) - Scope.
- Section 15-6-34(b) - Procedure.
- Section 15-6-34(c) - Persons not parties.
- Section 15-6-35(a) - Order for examination.
- Section 15-6-35(b) - Report of examining physician.
- Section 15-6-36(a) - Request for admission.
- Section 15-6-37(a) - Motion for order compelling disclosure or discovery.
- Section 15-6-37(b) - Failure to comply with order.
- Section 15-6-37(c) - Failure to disclose--False or misleading disclosure--Refusal to admit.
- Section 15-6-37(d) - Failure of party to attend at own deposition or serve answers to interrogatories orrespond to request for inspection.
- Section 15-6-38(a) - Right to jury trial preserved.
- Section 15-6-38(b) - Demand for jury trial.
- Section 15-6-38(c) - Specification of issues in demand for jury trial.
- Section 15-6-38(d) - Waiver of jury trial.
- Section 15-6-39(a) - Trial by jury.
- Section 15-6-39(b) - Trial by the court.
- Section 15-6-39(c) - Advisory jury and trial by consent.
- Section 15-6-4(a) - Summons--Form.
- Section 15-6-4(b) - Summons served without complaint.
- Section 15-6-4(c) - By whom summons served.
- Section 15-6-4(d) - Personal service of summons.
- Section 15-6-4(e) - Substituted personal service of summons authorized.
- Section 15-6-4(f) - Service upon party not a resident of or found within state.
- Section 15-6-4(g) - Proof of service.
- Section 15-6-4(h) - Amendment of process.
- Section 15-6-4(i) - Service by mail--Admission of service--Costs.
- Section 15-6-4(j) - Form of notice and admission of service by mail.
- Section 15-6-40(a) - Issues--When, where, and how tried.
- Section 15-6-40(b) - Repealed.
- Section 15-6-40(c) - Proceeding in absence of party.
- Section 15-6-41(a) - Voluntary dismissal--Effect thereof.
- Section 15-6-41(b) - Involuntary dismissal--Effect thereof.
- Section 15-6-41(c) - Dismissal of counterclaim, cross-claim, or third-party claim.
- Section 15-6-41(d) - Costs of previously dismissed action.
- Section 15-6-42(a) - Consolidation of actions.
- Section 15-6-42(b) - Separate trials.
- Section 15-6-43(a) - Form and admissibility of evidence.
- Section 15-6-43(b) - Superseded.
- Section 15-6-43(c) - Superseded.
- Section 15-6-43(d) - Oath or affirmation.
- Section 15-6-43(e) - Evidence on motions.
- Section 15-6-43(f) - Interpreters.
- Section 15-6-44.1 - Determination of foreign law.
- Section 15-6-44(a) - Authentication of official records.
- Section 15-6-44(b) - Proof of lack of official record.
- Section 15-6-44(c) - Other proof of official record.
- Section 15-6-45(a) - Subpoena for attendance of witnesses--Form--Issuance.
- Section 15-6-45(b) - Subpoena for production of documentary evidence.
- Section 15-6-45(c) - Service of subpoena.
- Section 15-6-45(d) - Subpoena for taking depositions--Place of examination.
- Section 15-6-45(e) - Superseded.
- Section 15-6-45(f) - Failure to obey subpoena as contempt.
- Section 15-6-45(g) - Nonresident of state served with subpoena in state.
- Section 15-6-46 - Exceptions unnecessary.
- Section 15-6-47(a) - Examination of jurors.
- Section 15-6-47(b) - Alternate jurors.
- Section 15-6-48 - Juries of less than twelve--Majority verdict.
- Section 15-6-49(a) - Special verdicts.
- Section 15-6-49(b) - General verdict accompanied by answer to interrogatories.
- Section 15-6-5(a) - Service--When required.
- Section 15-6-5(b) - Service--How made--Proof.
- Section 15-6-5(c) - Service on numerous defendants.
- Section 15-6-5(d) - Filing of papers--Originals--Copies.
- Section 15-6-5(e) - Definition--"Filing with the court".
- Section 15-6-5(f) - Service by facsimile transmission (fax) to parties represented by attorney.
- Section 15-6-5(g) - Documents not to be filed--Depositions.
- Section 15-6-5(h) - Civil Case Filing Statements.
- Section 15-6-5(i) - Service of discovery requests by electronic mail or computer diskette--Costs.
- Section 15-6-5(j) - Service by electronic mail (email) to parties represented by attorney.
- Section 15-6-50(a) - Judgment as a matter of law.
- Section 15-6-50(b) - Renewing motion for judgment after trial--Alternative motion for new trial.
- Section 15-6-50(c) - Granting renewed motion for judgment as a matter law--Conditional rulings--Newtrial motion.
- Section 15-6-50(d) - Denial of motion for judgment as a matter of law.
- Section 15-6-51(a) - Instructions to jury--Requests.
- Section 15-6-51(b) - Instructions.
- Section 15-6-51(c) - Objections.
- Section 15-6-52(a) - Effect of findings by the court--Proposals--When unnecessary.
- Section 15-6-52(b) - Waiver of findings and conclusions of law.
- Section 15-6-53(a) - Appointment and compensation of referees.
- Section 15-6-53(b) - Reference.
- Section 15-6-53(c) - Powers of referee.
- Section 15-6-53(d) - Proceedings before referee.
- Section 15-6-53(e) - Report of referee.
- Section 15-6-54(a) - Definition--Form of judgment.
- Section 15-6-54(b) - Judgment upon multiple claims or involving multiple parties.
- Section 15-6-54(c) - Demand for judgment.
- Section 15-6-54(d) - Judgment for costs--Attorneys' fees.
- Section 15-6-55(a) - Entry of default.
- Section 15-6-55(b) - Default judgment.
- Section 15-6-55(c) - Setting aside default.
- Section 15-6-55(d) - Plaintiffs, counterclaimants and cross-claimants entitled to default.
- Section 15-6-56(a) - Summary judgment for claimant.
- Section 15-6-56(b) - Summary judgment for defending party.
- Section 15-6-56(c) - Motion for summary judgment and proceedings thereon.
- Section 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.
- Section 15-6-56(f) - Opposing summary judgment when affidavits are unavailable.
- Section 15-6-56(g) - Summary judgment affidavits made in bad faith.
- Section 15-6-58 - Entry of judgment and orders--Effective date.
- Section 15-6-59(a) - Grounds for new trial.
- Section 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.
- Section 15-6-59(d) - New trial on initiative of court.
- Section 15-6-59(e) - Procedure upon hearing of motion for new trial.
- Section 15-6-59(f) - Motion for new trial not required as foundation for appeal in certain cases.
- Section 15-6-59(g) - Order granting new trial must show grounds upon which based.
- Section 15-6-6(a) - Computation of time.
- Section 15-6-6(b) - Enlargement of time.
- Section 15-6-6(c) - Superseded.
- Section 15-6-6(d) - Time for motion--Affidavits--Briefs.
- Section 15-6-6(e) - Additional time after service by mail--Facsimile and electronic mail transmissionservice exempt.
- Section 15-6-60(a) - Relief from clerical mistakes.
- Section 15-6-60(b) - Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discoveredevidence--Fraud.
- Section 15-6-61 - Harmless Error.
- Section 15-6-62(a) - Automatic stay of execution--Exceptions--Injunctions and receiverships.
- Section 15-6-62(b) - Stay of execution on motion for new trial or for judgment.
- Section 15-6-62(c) - Injunction pending appeal.
- Section 15-6-62(d) - Stay upon appeal.
- Section 15-6-62(e) - Stay in favor of the state or agency thereof.
- Section 15-6-62(f) - Power of Supreme Court not limited.
- Section 15-6-62(g) - Stay of judgment as to multiple claims or multiple parties.
- Section 15-6-63 - Disability of a judge.
- Section 15-6-64 - Seizure of person or property.
- Section 15-6-65(a) - Preliminary injunction.
- Section 15-6-65(b) - Temporary restraining order without notice.
- Section 15-6-65(c) - Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages.
- Section 15-6-65(d) - Contents of order--Parties bound.
- Section 15-6-66 - Receivers.
- Section 15-6-67(a) - Deposit in an action.
- Section 15-6-67(b) - Deposit in court by substitution.
- Section 15-6-67(c) - Deposit in court when no action is brought.
- Section 15-6-67(d) - Court may order deposit or seizure of property.
- Section 15-6-67(e) - Voluntary partial payment as credit against judgment.
- Section 15-6-68 - Offer of Judgment.
- Section 15-6-69 - Execution.
- Section 15-6-7(a) - Pleadings.
- Section 15-6-7(b) - Motions and other papers.
- Section 15-6-7(c) - Demurrers, pleas, and exceptions abolished.
- Section 15-6-70 - Judgment for specific acts--Vesting title.
- Section 15-6-71 - Process in behalf of and against persons not parties.
- Section 15-6-77(a) - Trial courts of record always open.
- Section 15-6-77(b) - Trials and hearings--Orders in chambers.
- Section 15-6-77(c) - Clerk's office and orders by clerk.
- Section 15-6-8(a) - Claims for relief.
- Section 15-6-8(b) - Defenses--Form of denials.
- Section 15-6-8(e) - Pleading to be concise and direct--Consistency.
- Section 15-6-8(f) - Construction of pleadings.
- Section 15-6-80 - Stenographic report or transcript as evidence.
- Section 15-6-81(a) - Procedure preserved.
- Section 15-6-81(b) - Omitted.
- Section 15-6-81(c) - Appeals to circuit courts.
- Section 15-6-81(d) - Chapter incorporated into statutes.
- Section 15-6-82 - Jurisdiction and venue.
- Section 15-6-83 - Rules by courts of record.
- Section 15-6-84 - Forms.
- Section 15-6-85 - Title.
- Section 15-6-86 - Effective date.
- Section 15-6-9(a) - Pleading capacity.
- Section 15-6-9(b) - Pleading, fraud, mistake, condition of the mind.
- Section 15-6-9(c) - Pleading conditions precedent.
- Section 15-6-9(d) - Pleading official document or act.
- Section 15-6-9(e) - Pleading judgment.
- Section 15-6-9(f) - Pleading time and place.
- Section 15-6-9(g) - Pleading special damage.
- Section 15-6-9(h) - Unknown party--How designated in pleadings and process.
- Section 15-6-9(i) - Complaint in action for libel or slander.
- Sections 15-6-15(b), 15-6-15 - Amendments to conform to the evidence. (c) Relation back of amendments to pleadings
- Sections 15-6-24, 15-6-5 - the motion to intervene must be served upon all parties as provided in §
- Sections 15-6-26(a), 15-6-26 - Discovery methods. (b) Scope of discovery
- Sections 15-6-36(b), 15-6-37 - Effect of admission. --REFUSAL TO MAKE DISCOVERY--CONSEQUENCES
- Sections 15-6-57, 15-6-58 - Declaratory judgments. --ENTRY OF JUDGMENT AND ORDERS--EFFECTIVE DATE
- Sections 15-6-72 to 15-6-76 - Reserved
- Sections 15-6-78, 15-6-79 - Reserved
- Sections 15-6-8(c), 15-6-8 - Defenses--Form of denials. (d) Effect of failure to deny
Chapter 07 - Jurisdiction Of Persons
- Section 15-7-1 - Persons, organizations, and entities subject to general jurisdiction provisions.
- 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 bydefendant--Record o
- Section 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.
- Section 15-7-13 - Hunting in state by nonresident as appointment of agent to receive process--Agreement as to force of process served.
- Section 15-7-14 - Service of process on secretary of state for nonresident hunter--Fee--Mailing todefendant--Personal service outside state--Time for appearance by defendant--Recordof process served.
- Section 15-7-15 - Proof of service on nonresident hunter.
- Section 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.
- Section 15-7-2 - Acts within the state subjecting persons to jurisdiction of the courts.
- Section 15-7-3 - Service of process outside the state.
- Section 15-7-4 - Retroactive application of general jurisdiction provisions.
- Section 15-7-5 - Severability of general jurisdiction provisions.
- Section 15-7-6 - Motor vehicle operation deemed appointment of secretary of state as agent to receiveprocess--Binding on personal representative--Agreement as to legal force of processserved.
- Section 15-7-7 - Service on secretary of state for nonresident motorist--Fee--Notice mailed todefendant--Record of process served.
- Section 15-7-8 - Continuance of action to permit defense by motorist served through secretary of state.
- Section 15-7-9 - Aircraft operation in state as appointment of agent to receive process--Agreement asto force of process served on agent.
Chapter 08 - Remedies On Joint Liability
- Section 15-8-1 - Remedies available where some but not all defendants served.
- Section 15-8-10 - Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.
- Section 15-8-11 - Joint tort-feasors--Definition of term.
- Section 15-8-12 - Right of contribution among joint tort-feasors.
- Section 15-8-13 - Discharge of liability or payment of excess required for judgment for contribution to jointtort-feasor.
- Section 15-8-14 - Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.
- Section 15-8-15 - Degrees of fault of joint tort-feasors considered in determining liability.
- Section 15-8-15.1 - Liability of party allocated less than fifty percent of total fault.
- Section 15-8-15.2 - Determination of percentages of fault by trier of fact--Treatment of several persons assingle party.
- Section 15-8-16 - Joint tort-feasor not discharged by judgment against another.
- Section 15-8-17 - Joint tort-feasor not discharged by release of another--Claim reduced by amount statedin release.
- Section 15-8-18 - Restrictions on discharge from contribution obligation by release given by injured party.
- Section 15-8-19 - Indemnity rights not impaired by joint tort-feasor provisions.
- Section 15-8-2 - Proceeding against defendant served in action on joint contract debt--Judgment enteredagainst all defendants--Enforcement of judgment.
- Section 15-8-20 - Severability of joint tort-feasor provisions.
- Section 15-8-21 - Repealed.
- Section 15-8-3 - Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.
- Section 15-8-4 - Summons to enforce judgment against joint contract debtors not summoned in originalaction.
- Section 15-8-5 - Contents and service of summons to enforce judgment against joint contract debtor.
- Section 15-8-6 - New complaint not required to enforce judgment against joint contract debtor--Affidavitof nonsatisfaction.
- Section 15-8-7 - Defenses available to joint contract debtor summoned for enforcement of judgment.
- Section 15-8-8 - Reply and trial of issues on summons to enforce judgment against joint contract debtor.
- Section 15-8-9 - Rules applicable to pleadings in summons to enforce judgment against joint contractdebtor.
Chapter 09 - Commencement Of Actions And Service Of Process
- Section 15-9-1 - Security for costs required of nonresident plaintiff.
- Section 15-9-10 - Service by publication in lien foreclosure actions.
- Section 15-9-11 - Service by publication on domestic corporation without known place of business or agent.
- Section 15-9-12 - Service by publication on foreign corporation with property in jurisdiction of court.
- Section 15-9-13 - Service by publication on absconding resident defendant.
- Section 15-9-14 - Service by publication on nonresident with property in jurisdiction of court.
- Section 15-9-15 - Service by publication on unknown parties.
- Section 15-9-16 - Search within state not required for service of publication on nonresident.
- Section 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.
- Section 15-9-19 - Mailing of summons and complaint to defendant served by publication.
- Section 15-9-2 - Resident required as surety--Corporate bond--Deposit of cash.
- Section 15-9-20 - Personal service without state in lieu of service by publication--Admission of service.
- Section 15-9-21 - Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.
- Section 15-9-22 - Time allowed for defense after service by publication--Time after judgment--Restitutionon successful defense.
- Section 15-9-3 - Form and extent of surety's obligation for costs.
- Section 15-9-4 - Dismissal of action for failure to give security for costs.
- Section 15-9-5 - Motion for additional security for costs--Dismissal on failure to give additional security.
- Section 15-9-6 - Endorsement of summons when no personal claim made against defendant--Costs nottaxed--Plaintiff's liability for costs on failure to serve notice.
- Section 15-9-7 - Service by publication when defendant not found in state.
- Section 15-9-8 - Service by publication in divorce and annulment actions.
- Section 15-9-8.1 - Service by publication in adoption proceedings.
- Section 15-9-9 - Service by publication in actions involving property within state.
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.
- Section 15-10-10 - Expungement of notice of pendency--Costs on grant or denial of motion.
- Section 15-10-2 - Action pending from time of notice--Time allowed for service of summons.
- Section 15-10-3 - Constructive notice from filing of notice--Subsequent purchasers and encumbrancersbound.
- Section 15-10-4 - Discharge of notice of pendency of action--Contents, acknowledgment and recording.
- Section 15-10-5 - Repealed.
- Section 15-10-6 - Expungement of notice of pendency upon motion therefor--Showing necessary to defeatmotion.
- Section 15-10-7 - Expungement of notice of pendency upon motion therefor--Undertaking.
- Section 15-10-8 - Expungement of notice of pendency--Notice of motion--Proof considered.
- Section 15-10-9 - Expungement of notice of pendency--Effect.
Chapter 11 - Circuit Court Calendar And Continuances
- Section 15-11-1 - Trial calendar.
- Section 15-11-10 - Terms imposed on continuance or postponement.
- Section 15-11-10.1 - Continuance by stipulation of all parties.
- Section 15-11-2 - Repealed.
- Section 15-11-3 - Designation of days for trial of issues of law.
- Section 15-11-4 - Postponement of trial or hearing.
- Section 15-11-5 - Postponement during legislative session when legislator is party or attorney--Notice ofintention to apply.
- Section 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.
- Section 15-11-8 - Counteraffidavits on application for continuance.
- Section 15-11-9 - Admission of testimony to avoid continuance--Reading of testimony.
Chapter 12 - Change Of Circuit Judge Or Magistrate
- Section 15-12-19 - Settlement of record after resignation or expiration of term of judge.
- Section 15-12-20 - Definition of terms.
- Section 15-12-21 - Actions in which affidavits for change of judge may be filed.
- Section 15-12-21.1 - Must request judge to disqualify himself.
- Section 15-12-22 - Who may file affidavit--Effect of filing.
- Section 15-12-23 - Parties united in interest--Necessity of unity--Effect of one party filing.
- Section 15-12-24 - Waiver of right by submitting to jurisdiction.
- Section 15-12-25 - Restriction to one change--Other parties' rights preserved.
- Section 15-12-26 - Form and content of affidavits.
- Section 15-12-27 - Time for filing affidavit against judge or magistrate presiding in ordinary course.
- Section 15-12-28 - Time for filing after unanticipated change of judge or magistrate.
- Section 15-12-29 - Late appointment or employment of counsel--Extending time for filing.
- Section 15-12-30 - Filing of affidavit--Number of copies required--Certification by clerk of courts.
- Section 15-12-31 - Copies of affidavit served on adverse parties--Liability for failure to serve.
- Section 15-12-32 - Review of affidavit--Designation of substitute judge or magistrate.
- Section 15-12-33 - Transmittal of copies of order to substitute judge or magistrate and counsel.
- Section 15-12-34 - Disqualification of all judges in circuit--Certification to Supreme Court.
- Section 15-12-35 - Assignment of substitute judge by Chief Justice.
- Section 15-12-36 - Jurisdiction of substituted judge or magistrate.
- Sections 15-12-1 to 15-12-18 - Superseded
Chapter 13 - Reference Of Cases
- Section 15-13-1 - Purposes for which reference made on agreement of parties.
- Section 15-13-2 - Purposes for which reference made without agreement of parties.
- Section 15-13-3 - Shorthand reporter--Appointment, qualifications and duties.
Chapter 14 - Conduct Of Jury Trials
- Section 15-14-1 - Order of proceedings at trial.
- Section 15-14-10 - Procedure for peremptory challenges--Replacement of jurors challenged.
- Section 15-14-10.1 - Choosing alternate jurors.
- Section 15-14-10.2 - Number of prospective jurors.
- Section 15-14-10.3 - Selection of prospective jurors.
- Section 15-14-10.4 - Determining manner of exercising peremptory challenge.
- Section 15-14-10.5 - Exercise of peremptory challenge.
- Section 15-14-11 - Oath of jurors--Affirmation.
- Section 15-14-12 - Admonitions by court on separation of jury.
- Section 15-14-13 - Discharge of juror unable to proceed with trial--Proceedings after discharge.
- Section 15-14-14 - Stenographic report of opening statements not required.
- Section 15-14-15 - One counsel on each side to examine witness.
- Section 15-14-16 - View of premises by jury.
- Section 15-14-17 - Number of counsel and time allowed for argument to jury.
- Section 15-14-18 - Scope of argument to jury--Argument on law.
- Section 15-14-19 - Retirement of jury for deliberation.
- Section 15-14-2 - Order of presentation of evidence and argument by different counsel.
- Section 15-14-20 - Papers, exhibits, and notes taken into jury room.
- Section 15-14-21 - Communications to and from jury during deliberations.
- Section 15-14-22 - Other business of court during jury deliberations--Case open until jury discharged.
- Section 15-14-23 - Verdict to include value and damages in action for recovery of personal property.
- Section 15-14-24 - Sealed verdict directed on agreement during adjournment.
- Section 15-14-25 - Receipt from jury and reading of verdict--Inquiry--Number of votes required.
- Section 15-14-26 - Polling of jury--Dissenting votes.
- Section 15-14-27 - Actions in which five-sixths vote by jury sufficient.
- Section 15-14-28 - Receipt and reading of verdict when five-sixths vote sufficient--Inquiry--Dissenting votes.
- Section 15-14-29 - Polling of jury when five-sixths vote sufficient--Dissenting votes.
- Section 15-14-3 - Names of jurors deposited in suitable container.
- Section 15-14-30 - Correction of irregularities in verdict.
- Section 15-14-31 - Minute entry on receipt of verdict--Contents.
- Section 15-14-32 - Jury discharged by final adjournment for term.
- Section 15-14-4 - Procedure for challenging jury panel.
- Section 15-14-5 - Drawing of names from container.
- Section 15-14-6 - Repealed.
- Section 15-14-6.1 - Challenges for cause in a civil case.
- Section 15-14-7 - Challenge of individual jurors--Number of peremptory challenges--Alternating by parties.
- Section 15-14-8 - Challenges when several parties on one side.
- Section 15-14-9 - Trial of jury challenges for cause--Witnesses.
Chapter 15 - Record And Exhibits
- Section 15-15-1 - Objections, rulings, proceedings, and remarks to be noted by court reporter.
- Section 15-15-2 - Clerk or judge to keep minutes in absence of reporter--Computer record.
- Section 15-15-3 - Exhibits and record evidence marked for identification and filed--Reading of contentsor description into trial record.
- Section 15-15-4 - Sale or destruction of exhibits if not collected when judgment final--Retention ofnecessary copies--Fee.
- Section 15-15-4.1 - Return of administrative record to agency of origin when judgment final.
- Section 15-15-5 - Record on motion for new trial--Contents--Formal settlement not required.
- Section 15-15-6 - Repealed.
- Section 15-15-7 - Fee for transcripts--Exception for indigents.
- Section 15-15-8 - Letter size paper required in all courts.
Chapter 15A - Unified Judicial System Court Records Rule
- Section 15-15A-1 - Purpose of rule of access to court records.
- Section 15-15A-10 - Procedure for requesting access to confidential financial documents.
- Section 15-15A-11 - Requests for bulk distribution of court records.
- Section 15-15A-12 - Access to compiled information from court records.
- Section 15-15A-13 - Requests to prohibit public access to information in court records.
- Section 15-15A-14 - When court records may be accessed.
- Section 15-15A-15 - Fees for accessing court records.
- Section 15-15A-2 - Who has access to court records under the rule.
- Section 15-15A-3 - Definition of terms.
- Section 15-15A-4 - Applicability of rule.
- Section 15-15A-5 - General access rule.
- Section 15-15A-6 - Court records that are only publicly available at a court facility.
- Section 15-15A-7 - Court records excluded from public access.
- Section 15-15A-8 - Confidential numbers and financial documents excluded from public access.
- Section 15-15A-9 - Filing confidential number and financial documents in the court record.
Chapter 16 - Judgments
- Section 15-16-1 - Judgment for possession or damages in action for recovery of personal property.
- Section 15-16-10 - Docket entry as to judgment stayed pending appeal--Lien suspended.
- Section 15-16-11 - Assignment of judgment--Execution and acknowledgment--Docket entries.
- Section 15-16-12 - Leave of court required for action on judgment.
- Section 15-16-13 - Action on magistrate's judgment prohibited within five years--Circumstances under whichaction permitted.
- Section 15-16-14 - Cancellation and discharge of judgment permitted on acknowledgment of satisfaction.
- Section 15-16-15 - Cancellation of judgment on return of satisfaction--Docket entry.
- Section 15-16-16 - Partial satisfaction of judgment--Docket entry and partial discharge of liens.
- Section 15-16-17 - Release of specific property from judgment lien--Docket entries.
- Section 15-16-18 - Docket entries on court order discharging or canceling judgment.
- Section 15-16-19 - Docket entries in other counties on judgment discharged or canceled on original docket.
- Section 15-16-2 - Delivery of possession to purchaser in judgment for sale of real property.
- Section 15-16-20 - Discharge of judgment against bankrupt--Filing of bankruptcy court order--Entry ofdischarge by clerk.
- Section 15-16-21 - Application by bankrupt for discharge of judgment--Contents and filing.
- Section 15-16-22 - Order for hearing on discharge of judgment against bankrupt--Parties entitled to notice--Service.
- Section 15-16-23 - Hearing and decision on application by bankrupt for discharge of judgment.
- Section 15-16-24 - Filing of order discharging judgment against bankrupt--Docket entry--Termination of lien.
- Section 15-16-25 - Copies of discharge order filed in other offices--Effect.
- Section 15-16-26 - Liens on specific property not affected by discharge of judgment against bankrupt.
- Section 15-16-27 - Petition and leave of court required for appeal on discharge of bankrupt.
- Section 15-16-28 - Docketing of federal court judgments--Effect.
- Section 15-16-29 - Lien of federal court judgment.
- Section 15-16-3 - Interest added to money judgment.
- Section 15-16-30 - Assignment of federal court judgment--Docket entry.
- Section 15-16-31 - Discharge and cancellation of federal court judgments--Docket entry.
- Section 15-16-32 - Setoff of mutual judgments.
- Section 15-16-33 - Renewal of certain judgments by affidavit--Contents of affidavit.
- Section 15-16-34 - Filing and docketing of affidavit of renewal--Copy.
- Section 15-16-35 - Operation as judgment lien--Continuation of lien--Execution.
- Section 15-16-4 - Repealed.
- Section 15-16-5 - Docketing of circuit court money judgment with clerk of courts.
- Section 15-16-6 - Entry and indexing of judgments in judgment docket--Contents of entries.
- Section 15-16-7 - Lien of docketed judgment on real property within county--Duration of lien.
- Section 15-16-8 - Repealed.
- Section 15-16-9 - Transcript and docketing of magistrate's judgment--Lien on real property--Docketing inother counties.
Chapter 16A - Enforcement Of Foreign Judgments
- Section 15-16A-1 - "Foreign judgment" defined.
- Section 15-16A-2 - Filing of authenticated copy of foreign judgment--Treatment and effect.
- Section 15-16A-3 - Fees payable.
- Section 15-16A-4 - Affidavit of names and addresses.
- Section 15-16A-5 - Notice to judgment debtor--Docket entry--Contents of notice--Notice by creditor--Clerk's failure to mail.
- Section 15-16A-6 - Stay of enforcement pending appeal or during stay of execution--Proof of security.
- Section 15-16A-7 - Stay of enforcement on showing of ground--Security.
- Section 15-16A-8 - Right of action to enforce judgment preserved.
- Section 15-16A-9 - Uniformity of interpretation.
Chapter 17 - Recovery Of Disbursements
- Section 15-17-16.1 - Imposition of costs and attorneys' fees on grant of mistrial.
- Section 15-17-36 - Costs not an indemnity--Disbursements.
- Section 15-17-37 - Prevailing party to recover disbursements--Taxation of disbursements.
- Section 15-17-38 - Award of attorneys' fees--Taxed as disbursements.
- Section 15-17-39 - Evidence of debt for attorneys' fees upon default or foreclosure against publicpolicy--Exception.
- Section 15-17-40 - Recovery limited.
- Section 15-17-41 - Disbursements taxed against multiple parties.
- Section 15-17-42 - Application of chapter.
- Section 15-17-43 - Attorneys' fees allowable in hearing contesting validity of taxation ofdisbursements.
- Section 15-17-44 - Taxation of disbursements--Discretion of court.
- Section 15-17-45 - Reimbursement of plaintiff in action to recover funds misappropriated by publicofficial.
- Section 15-17-46 - Plaintiff's lien on recovery in taxpayer's action.
- Section 15-17-47 - Judgment against surety where security for disbursements given.
- Section 15-17-48 - Disbursements awarded against infant.
- Section 15-17-49 - Disbursement against personal representative or trustee of express trust.
- Section 15-17-50 - Expenses of requiring jury to report--Apportionment.
- Section 15-17-51 - Liability of party for frivolous or malicious action.
- Section 15-17-51.1 - Inmate financial responsibility for state's costs incurred from abuse of courtsystem.
- Section 15-17-51.2 - Inmate or prisoner financial responsibility for costs incurred by county from abuseof court system.
- Section 15-17-52 - Limit of taxation of disbursements.
- Section 15-17-53 - Reduction or disallowance of disbursements for hardship.
- Section 15-17-54 - New trial--Taxation of disbursements.
- Section 15-17-55 - Reversal upon appeal--Taxation of disbursements.
- Section 15-17-56 - Disbursements taxed by party not prevailing on appeal--Discretion of court.
- Section 15-17-57 - Disbursements taxed when appeal affirmed in part and reversed in part--Discretion of court.
- Section 15-17-58 - Reconsideration of disbursements upon Supreme Court ruling--Discretion ofcourt.
- Section 15-17-59 - Dismissal for lack of jurisdiction--Disbursements.
- Sections 15-17-1 to 15-17-16 - Repealed
- Sections 15-17-17 to 15-17-35 - Repealed
Chapter 18 - Execution Of Judgments
- Section 15-18-1 - Writ of execution permitted within twenty years after judgment.
- Section 15-18-10 - Directions in writ on judgment for delivery of personal property--Recovery of costs anddamages.
- Section 15-18-11 - Judgment included in writ requiring sale of property.
- Section 15-18-12 - Execution directing application of principal debtor's property before that of surety.
- Section 15-18-13 - Officer to whom execution issued--Issue at same time in different counties--Real propertysold in county where it lies.
- Section 15-18-14 - Power of officer to execute writ according to terms.
- Section 15-18-15 - Endorsement of receipt of writ by officer--Diligent execution--Return of execution.
- Section 15-18-16 - Payment by debtor to officer holding execution--Officer's receipt as discharge.
- Section 15-18-17 - Property subject to levy on execution.
- Section 15-18-18 - Levy not required for sale of property taken by earlier process.
- Section 15-18-19 - Money under control of court applied to satisfaction by terms of judgment.
- Section 15-18-2 - Judgments for money or delivery of property executed against property--Additionalexecution against person.
- Section 15-18-20 - Levy on personal property capable of manual delivery.
- Section 15-18-21 - Levy on judgment--Notice to parties.
- Section 15-18-22 - Levy on real property--Recording of notice.
- Section 15-18-23 - Levy on personal property which cannot be moved--Recording of notice.
- Section 15-18-24 - Levy on domestic animals running at large--Notice to person in possession.
- Section 15-18-25 - Receipt, entry and indexing of notices filed with register of deeds.
- Section 15-18-26 - Immovable property and range animals taken into custody--Additional costs not allowed.
- Section 15-18-27 - Levy on other personal property or demand.
- Section 15-18-28 - Selection of property likely to bring amount required--Additional levies if required.
- Section 15-18-29 - Additional levies if amount produced on sale insufficient.
- Section 15-18-3 - Order and cause of arrest required for execution against person of debtor.
- Section 15-18-30 - Levy as lien on personal property.
- Section 15-18-31 - Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees.
- Section 15-18-32 - Abandonment of execution--Discharge of levies--Subsequent executions.
- Section 15-18-33 - Partial abandonment of execution--Subsequent executions.
- Section 15-18-34 - Collection or sale of property levied on.
- Section 15-18-35 - Money and receivables appropriated to judgment without sale.
- Section 15-18-36 - Receivables subject to sale or appropriation--Assignment and delivery by officer.
- Section 15-18-37 - Levy continues against property unsold--New sale or new execution.
- Section 15-18-38 - Payment of execution proceeds to judgment creditor.
- Section 15-18-39 - Surplus applied to other executions against debtor.
- Section 15-18-4 - Directions in writ to enforce judgment requiring sale of property--Issue to referee, sheriffor constable.
- Section 15-18-42 - Contents and verification of return of execution.
- Section 15-18-43 - Mailing of return of execution issued in another county--Officer not liable for delay in mails.
- Section 15-18-5 - Signature, attestation, and sealing of writ of execution--Officer defined.
- Section 15-18-6 - Reference in writ to judgment and record information.
- Section 15-18-7 - Direction in writ to satisfy judgment from debtor's property.
- Section 15-18-8 - Direction in writ to satisfy judgment from property held by successors, tenants, or trustees.
- Section 15-18-8.1 - Execution upon bank asset.
- Section 15-18-9 - Direction in writ to arrest and commit debtor.
- Sections 15-18-40, 15-18-41 - Surplus deposited in court--Notice to debtor. Time of return of execution--Extension where levy made
Chapter 19 - Execution Sales
- Section 15-19-1 - Process under which sales made--Title conveyed to purchaser.
- Section 15-19-10 - Time and place of real property sales.
- Section 15-19-11 - Foreclosure sale of real estate situated in several counties.
- Section 15-19-12 - Place of sale of real property where no courthouse in county.
- Section 15-19-13 - Real property sold at public auction to highest bidder.
- Section 15-19-14 - Distinct parcels of real property sold separately--Exceptions.
- Section 15-19-15 - Order of sale of parcels of real property designated by owner or judgment debtor.
- Section 15-19-16 - Real property sale terminated when sufficient amount raised.
- Section 15-19-17 - Title acquired by purchaser of real property--Right of redemption.
- Section 15-19-17.1 - Debtor entitled to harvest crops planted prior to issuance of deed.
- Section 15-19-18 - Real property purchaser's title unaffected by reversal of judgment--Restitution byjudgment creditor.
- Section 15-19-19 - Certificate of sale issued to purchaser of real property--Contents--Execution andrecording--Prima facie evidence.
- Section 15-19-2 - Procedure governed by rules of court.
- Section 15-19-20 - Return of sale of real property--Contents.
- Section 15-19-21 - Exceptions to sale of real property--Service and determination.
- Section 15-19-22 - Confirmation of sale of real property--Recitals in court order.
- Section 15-19-23 - Time allowed for redemption from sale of real property--Foreclosure provisionsunaffected.
- Section 15-19-24 - Sheriff's deed to real property sold.
- Section 15-19-25 - Contents, execution, and recording of sheriff's deed.
- Section 15-19-26 - Sheriff's deed as evidence of legality of proceedings--Title vested in grantee.
- Section 15-19-27 - Purchaser's recovery of damages for injury to real property after sale and beforepossession delivered.
- Section 15-19-28 - Demand by officer making sale of advance payment of publication fees.
- Section 15-19-3 - Publication of notice of sale of personal property--Contents--Posting in lieu ofnotice.
- Section 15-19-31 - Adjournment of sales to following day.
- Section 15-19-32 - Postponement of sale by sheriff.
- Section 15-19-33 - Officers not to purchase at sale.
- Section 15-19-34 - Termination of sale when sufficient money raised.
- Section 15-19-35 - Application of proceeds of sale.
- Section 15-19-4 - Perishable property sold by court order--Notice.
- Section 15-19-5 - Time and place of sale of personal property--Access of bidders to property--Notice of place.
- Section 15-19-6 - Property within view of bidders during sale--Designation of place of sale whenproperty not capable of manual delivery.
- Section 15-19-7 - Sale at public auction to highest bidder--Designation by debtor of order in whichitems offered.
- Section 15-19-8 - Publication of notice of real property sale.
- Section 15-19-9 - Contents of notice of real property sale.
- Sections 15-19-29, 15-19-30 - Repealed
Chapter 20 - Proceedings Supplementary To Execution
- Section 15-20-1 - Order to judgment debtor to appear and answer after execution returned unsatisfied.
- Section 15-20-10 - Witness fees and disbursements allowed.
- Section 15-20-11 - Concealment of assets or transfers as misdemeanor.
- Section 15-20-12 - Court order applying property to satisfaction of judgment--Restriction on application ofwages.
- Section 15-20-13 - Court order forbidding transfer of property.
- Section 15-20-14 - Appointment of receiver for debtor's property--Consolidation of proceedings--Control ofreceivership.
- Section 15-20-15 - Filing with clerk of order for appointment of receiver.
- Section 15-20-16 - Recording by register of deeds of order appointing receiver--Destruction of records.
- Section 15-20-17 - Possession of real property taken by receiver.
- Section 15-20-18 - Action by receiver to determine adverse claims to property--Order prohibiting transferpending determination.
- Section 15-20-19 - Disobedience of order of judge or referee as contempt.
- Section 15-20-2 - Order to judgment debtor to appear and answer on refusal to apply property to judgment.
- Section 15-20-3 - Procedure available against joint debtors not served with summons.
- Section 15-20-4 - Application of procedure to magistrate court judgments filed in circuit court.
- Section 15-20-5 - Arrest to prevent absconding by judgment debtor--Undertaking required--Commitmentin default of undertaking.
- Section 15-20-6 - Appointment of referee.
- Section 15-20-7 - Attendance of witnesses required--Examination certified by referee.
- Section 15-20-8 - Examination of witnesses and debtor on oath.
- Section 15-20-9 - Self-incrimination not ground for refusing to answer--Immunity from prosecution.
Chapter 21 - Amercement Of Officers
- Section 15-21-1 - Grounds for amercement of officer directed to execute writ--Amount of amercement.
- Section 15-21-2 - Amercement of clerk for failure to pay over money received.
- Section 15-21-3 - Notice of amercement given to officer of county other than that from which executionissued.
- Section 15-21-4 - Amount of amercement on refusal to pay over money collected.
- Section 15-21-5 - Entry of amercements on court record--Effect as judgment.
- Section 15-21-6 - Action joining officer's surety as party to judgment--Officer's property applied first.
- Section 15-21-7 - Amercement alternative to other remedies.
Chapter 22 - Arrest And Bail In Civil Cases [Repealed]
Chapter 23 - Discharge From Imprisonment On Civil Process [Repealed]
Chapter 24 - Supreme Court Procedure In General
- Section 15-24-1 - Circuit court procedure applicable except as otherwise provided.
- Section 15-24-10 - Media Coordinator.
- Section 15-24-11 - Technical.
- Section 15-24-12 - Equipment and Pooling.
- Section 15-24-2 - Adjournment of court by one judge--Announcement and filing of opinions.
- Section 15-24-3 - Order of causes on Supreme Court calendar--Preference to appeals on adoption, abuseand neglect, suppression of evidence in criminal cases and cases involving public agencies.
- Section 15-24-4 - Number of judges required for decision--Rehearing--Disposition in case of disagreement.
- Section 15-24-5 - Definitions.
- Section 15-24-6 - General.
- Section 15-24-7 - Objections.
- Section 15-24-8 - Advance Notification.
- Section 15-24-9 - Conduct and Attire.
Chapter 24A - Certification Of Questions Of Law To Supreme Court
- Section 15-24A-1 - Power to answer.
- Section 15-24A-10 - Construction.
- Section 15-24A-2 - Superseded.
- Section 15-24A-3 - Method of invoking.
- Section 15-24A-4 - Contents of certification order.
- Section 15-24A-5 - Preparation of certification order.
- Section 15-24A-6 - Costs of certification.
- Section 15-24A-7 - Briefs and argument.
- Section 15-24A-8 - Opinion.
- Section 15-24A-9 - Severability.
Chapter 25 - Original Proceedings In Supreme Court
- Section 15-25-1 - Matters in which original jurisdiction exercised.
- Section 15-25-2 - Application to commence proceeding--Fee--Number of copies filed.
- Section 15-25-3 - Petition for rehearing on decision.
- Section 15-25-4 - Reply to petition for rehearing.
Chapter 26 - Procedure For Taking Appeal To Supreme Court [Repealed And Transferred]
- Section 15-26-1 - Transferred.
- Section 15-26-13 - Transferred.
- Section 15-26-14 - Transferred.
- Section 15-26-15 - Transferred.
- Section 15-26-16 - Superseded.
- Section 15-26-17 - Transferred.
- Section 15-26-18 - Superseded.
- Section 15-26-2 - Repealed.
- Section 15-26-21 - Repealed.
- Section 15-26-22 - Transferred.
- Section 15-26-25.2 - Transferred.
- Section 15-26-25.3 - Repealed.
- Section 15-26-3 - Superseded.
- Section 15-26-4 - Transferred.
- Section 15-26-7 - Repealed.
- Section 15-26-8 - Repealed.
- Sections 15-26-19, 15-26-20 - Transferred
- Sections 15-26-23 to 15-26-25.1 - Superseded
- Sections 15-26-25.4 to 15-26-25.6 - Superseded
- Sections 15-26-5, 15-26-6 - Superseded
- Sections 15-26-9 to 15-26-12 - Superseded
Chapter 26A - Rules Of Civil Appellate Procedure
- Section 15-26A-1 - Scope of rules.
- Section 15-26A-10 - Scope of review on appeal from order.
- Section 15-26A-11 - Combining of appeals in one notice and one undertaking.
- Section 15-26A-12 - Actions available to Supreme Court on decision.
- Section 15-26A-13 - Petition for permission to take discretionary appeal.
- Section 15-26A-14 - Contents of petition for appeal.
- Section 15-26A-15 - Attachments to petition for appeal.
- Section 15-26A-16 - Response to petition.
- Section 15-26A-17 - Grant of permission to appeal--Procedure.
- Section 15-26A-18 - Noncompliance with requirements and inaccurate statements as grounds for denialof appeal from intermediate order.
- Section 15-26A-19 - Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay.
- Section 15-26A-2 - Suspension of rules.
- Section 15-26A-2.1 - Emergency filings by facsimile transmission.
- Section 15-26A-20 - Certification of record on petition for appeal from intermediate order.
- Section 15-26A-21 - Terms imposed on unreasonable and vexatious petition for appeal from intermediateorder.
- Section 15-26A-22 - Appellee's right to obtain review.
- Section 15-26A-23 - Form and amount of bond or deposit for costs.
- Section 15-26A-24 - Waiver of bond or deposit--Affidavit of indigency.
- Section 15-26A-25 - Stay of judgment or order in circuit court--When allowed.
- Section 15-26A-26 - Appellate procedure--Money judgment--Conditions of bond on appeal.
- Section 15-26A-27 - Judgment directing the assignment or delivery of documents or personal property--Conditions of bond on appeal.
- Section 15-26A-28 - Judgment directing the sale or possession of real property--Conditions of bond onappeal.
- Section 15-26A-29 - Judgment directing execution of an instrument--Conditions of stay.
- Section 15-26A-3 - Judgments and orders of circuit courts from which appeal may be taken.
- Section 15-26A-30 - Sale of perishable property--Deposit of proceeds.
- Section 15-26A-31 - Conditions of bond on appeal from other judgments and orders.
- Section 15-26A-32 - Extent of stay on filing of bond.
- Section 15-26A-33 - Joinder of bonds.
- Section 15-26A-34 - Notice of application for bond.
- Section 15-26A-35 - Personal sureties--Exceptions--Justification.
- Section 15-26A-36 - Service of bond on adverse party.
- Section 15-26A-37 - Proceedings against sureties on bond.
- Section 15-26A-4 - Appeals of right--How taken.
- Section 15-26A-4.1 - Amended notice of appeal.
- Section 15-26A-40 - New undertaking required when security insufficient--Dismissal of appeal orvacation of stay on failure to file new undertaking.
- Section 15-26A-41 - Deposit in lieu of undertaking--Notice of deposit.
- Section 15-26A-42 - Waiver of undertaking and deposit.
- Section 15-26A-43 - Failure to pay after affirmance of judgment as breach of undertaking.
- Section 15-26A-44 - Liability of sureties on dismissal of appeal.
- Section 15-26A-45 - Damages determined by referee after affirmance by Supreme Court.
- Section 15-26A-46 - Failure to pay damages determined by referee as breach of undertaking.
- Section 15-26A-47 - Composition of the record on appeal.
- Section 15-26A-48 - Order for transcript of proceedings.
- Section 15-26A-49 - Waiver by failure to order transcript.
- Section 15-26A-5 - Affidavit of indigency in lieu of filing fee.
- Section 15-26A-50 - Determination of parts of transcript to be included.
- Section 15-26A-51 - Costs of transcript--Endorsement of order by reporter--Extension of time fortranscript.
- Section 15-26A-52 - Form of transcript--Number of copies--Certification.
- Section 15-26A-53 - Duty of clerk of trial court to assemble and certify the record--Time and manner--Transmittal of index in lieu of entire record.
- Section 15-26A-54 - Statement of the proceedings when no report was made or when the transcript isunavailable.
- Section 15-26A-55 - Agreed statement as the record.
- Section 15-26A-56 - Correction or modification of the record.
- Section 15-26A-57 - Time for transmission of record--Temporary delay--Documents of unusual bulk orweight and physical exhibits--Motion for intermediate orders.
- Section 15-26A-58 - Transmittal of record for preliminary hearing.
- Section 15-26A-59 - Disposition of record after appeal.
- Section 15-26A-6 - Appeals--When taken.
- Section 15-26A-6.01 - Transitional provision--Time for taking appeal.
- Section 15-26A-6.1 - Repealed.
- Section 15-26A-60 - Appellate procedure--Brief of appellant--Contents.
- Section 15-26A-61 - Appellate procedure--Brief of appellee.
- Section 15-26A-62 - Reply brief.
- Section 15-26A-63 - References in briefs to parties.
- Section 15-26A-63.1 - References in briefs to children.
- Section 15-26A-64 - References in briefs to record.
- Section 15-26A-65 - Reproduction of statutes, ordinances, rules, regulations, etc.
- Section 15-26A-66 - Length of briefs.
- Section 15-26A-67 - Briefs of multiple appellants or appellees.
- Section 15-26A-68 - Reproduction methods used for briefs.
- Section 15-26A-69 - Printing and binding specifications for briefs.
- Section 15-26A-69.1 - Citation of official opinions of the Supreme Court.
- Section 15-26A-7 - Orders and determinations of trial court subject to review on appeal from judgment.
- Section 15-26A-70 - Brief failing to conform to requirements--Duty of clerk of Supreme Court.
- Section 15-26A-70.1 - Pro se filings by party represented by counsel.
- Section 15-26A-71 - Amendment of briefs--Terms for allowance.
- Section 15-26A-72 - Costs not allowed for extraneous matter in briefs--Expense of printing mattersomitted from appellant's brief.
- Section 15-26A-73 - Supplemental brief with late authorities--Service on opposing counsel.
- Section 15-26A-74 - Brief and argument of amicus curiae.
- Section 15-26A-75 - Time for serving and filing briefs.
- Section 15-26A-76 - Extension of time for serving and filing briefs.
- Section 15-26A-77 - Stipulation waiving default in filing of briefs--Court order extending time.
- Section 15-26A-78 - Default in filing of briefs waived by court without stipulation.
- Section 15-26A-8 - New trial motion not required for review on insufficiency of evidence or error of law.
- Section 15-26A-81 - Briefs mailed for filing--Time.
- Section 15-26A-82 - Supreme Court calendar for oral argument--Duty of clerk.
- Section 15-26A-83 - Time allowed for argument.
- Section 15-26A-84 - Order and content of argument.
- Section 15-26A-85 - Number of attorneys allowed to argue.
- Section 15-26A-86 - Nonappearance of parties.
- Section 15-26A-87 - Submission on briefs.
- Section 15-26A-87.1 - Disposition on briefs and record--Grounds--Citation of decisions restricted.
- Section 15-26A-87.2 - Motions--Answers to motions--Generally.
- Section 15-26A-87.3 - Motion for attorney fees--Contents, form, and filing of motion.
- Section 15-26A-88 - Physical exhibits used at argument.
- Section 15-26A-89 - When member of court absent.
- Section 15-26A-9 - Matters subject to review on appeal from order denying new trial.
- Section 15-26A-90 - Prehearing conference.
- Section 15-26A-91 - Time for petition for reinstatement--Contents, form, and filing of petition.
- Section 15-26A-92 - Enlargement of time.
- Section 15-26A-93 - Title of chapter.
- Sections 15-26A-38, 15-26A-39 - Stay of execution without bond by public agency or officer. Application to Supreme Court for special relief
- Sections 15-26A-79, 15-26A-80 - Number of copies of briefs to be served and filed. Consequence of failure to file briefs
Chapter 26B - Appellate Settlement Conferences [Repealed]
- Section 15-26B-1 - Repealed.
- Section 15-26B-2 - Repealed.
- Section 15-26B-2.1 - Repealed.
- Section 15-26B-3 - Repealed.
Chapter 27 - Stay Of Execution On Appeal To Supreme Court [Repealed]
Chapter 28 - Undertakings And Deposits On Appeal To Supreme Court [Repealed]
- Section 15-28-1 - Repealed.
- Section 15-28-2 - Repealed.
- Section 15-28-3 - Repealed.
Chapter 29 - Record And Briefs On Appeal To Supreme Court [Repealed And Transferred]
- Section 15-29-1 - Superseded.
- Section 15-29-15 - Repealed.
- Section 15-29-2 - Repealed.
- Section 15-29-9 - Transferred.
- Sections 15-29-10 to 15-29-14 - Superseded
- Sections 15-29-16 to 15-29-23 - Superseded
- Sections 15-29-24, 15-29-25 - Transferred
- Sections 15-29-26, 15-29-27 - Superseded
- Sections 15-29-28, 15-29-29 - Transferred
- Sections 15-29-3 to 15-29-8 - Superseded
Chapter 30 - Disposition Of Appeals To Supreme Court
- Section 15-30-1 - Remand to trial court to permit motion for new trial.
- Section 15-30-10 - Costs on petition for rehearing.
- Section 15-30-11 - Remittitur of decision and record to trial court--Further proceedings.
- Section 15-30-12 - Costs and damages included in remittitur to trial court.
- Section 15-30-13 - Judgment in trial court for costs and damages.
- Section 15-30-14 - Supreme Court judgment remitted to trial court--Final judgment in trial court.
- Section 15-30-15 - Opinion of Supreme Court transmitted with papers.
- Section 15-30-2 - Reversal, affirmance or modification of judgment or order appealed from--Entry of newjudgment or order--New trial--Part of judgment or order appealed from.
- Section 15-30-3 - Judgment directed for party entitled to directed verdict.
- Section 15-30-4 - Time for petition for rehearing--Contents, form, and filing of petition.
- Section 15-30-5 - Briefs and argument when rehearing granted--Notice to attorneys of action on petition.
- Section 15-30-6 - Costs allowed to prevailing party on appeal.
- Section 15-30-7 - Discretionary allowance of costs on appeal.
- Section 15-30-8 - Taxation of costs and damages by clerk--Notice to attorneys.
- Section 15-30-8.1 - Costs--Time and manner of payment.
- Section 15-30-9 - Objections to taxation of costs on appeal--Reply to objections--Decision by court.
Chapter 31 - County Court Procedure [Repealed]
Chapter 32 - Municipal Court Procedure [Repealed]
Chapter 33 - General Powers And Process Of Justices' Courts [Repealed]
Chapter 34 - Attachment And Garnishment In Justices' Courts [Repealed]
Chapter 35 - Pleadings And Trial In Justices' Courts [Repealed]
Chapter 36 - Judgments And Execution In Justices' Courts [Repealed]
Chapter 37 - Records, Dockets And Accounting By Justices [Repealed]