South Dakota Code — 21
Browse 1,076 sections in division 21 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 21-1-1. Right to damages for detriment from unlawful act or omission of another.
- § 21-1-2. Nominal damages for breach of duty without detriment.
- § 21-1-3. Damages to be reasonable.
- § 21-1-4. Exemplary or penal damages only as provided--Interest on damages.
- § 21-1-4.1. Discovery and trial of exemplary damage claims.
- § 21-1-5. Damages for breach of obligation not to exceed gain from full performance--Exceptions.
- § 21-1-6. Market value considered in estimating damage to property.
- § 21-1-7. Market value considered in estimating damages for deprivation of possession of property.
- § 21-1-8. Peculiar value of property to plaintiff considered in damages against defendant with notice or willful wrongdoer.
- § 21-1-9. Value of instrument presumed equal to value of property represented.
- § 21-1-10. Damages awarded for detriment after commencement of action.
- § 21-1-12. Acceptance of principal as waiver of interest.
- § 21-1-13.1. Interest on damages--Prejudgment interest--Retroactive application.
- § 21-1-13.2. Application of interest statutes.
- § 21-1-14. Liability of issuer of bad check for collection costs--Costs included in restitution award.
- § 21-1-15. Definitions.
- § 21-1-16. Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.
- § 21-2-1. General measure of damages for breach of contract--Uncertain damages not recovered.
- § 21-2-2. Damages for breach of obligation to pay money.
- § 21-2-3. Damages for breach of agreement to convey real property.
- § 21-2-4. Damages for breach of agreement to purchase real property.
- § 21-2-5. Damages for breach of covenant in grant of real property.
- § 21-2-6. Damages for breach of covenant against encumbrances.
- § 21-2-7. Damages for breach of warranty of agent's authority.
- § 21-2-8. Damages for carrier's failure to accept freight, messages or passengers.
- § 21-2-9. Damages for carrier's failure to deliver freight.
- § 21-2-10. Damages for carrier's delay in delivery of freight.
- § 21-3-1. General measure of damages for breach of noncontractual obligation--Foreseeability not required.
- § 21-3-2. Punitive damages in discretion of jury.
- § 21-3-3. Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.
- § 21-3-4. Lien holder's damages for conversion of personal property.
- § 21-3-5. General measure of damages for wrongful occupation of real property.
- § 21-3-6. Treble damages for forcible exclusion from real property.
- § 21-3-7. Double damages for failure of tenant to give up premises after notice of intention.
- § 21-3-8. Double damages for holding over by tenant after expiration of term and notice to quit.
- § 21-3-9. Measure of damages for holding over real property by conservator, trustee, or life tenant.
- § 21-3-10. Damages for wrongful injury to trees and plants.
- § 21-3-11. Limitation on damages for medical malpractice.
- § 21-3-11.1. Legislative findings--Revival of § 21-3-11.
- § 21-3-12. Evidence of special damages insurance from certain collateral sources admissible in personal injury actions for health care malpractice.
- § 21-3-13. Limitation of damages recoverable for injury or death of rodeo contestant.
- § 21-3-14. Local law where personal injury occurs determines survival of claim.
- § 21-3-15. Limitation of damages recoverable for injury or death resulting from negligence of child welfare agency.
- § 21-3A-1. Definition of terms.
- § 21-3A-1.1. Purposes of chapter.
- § 21-3A-1.2. Applicability of chapter.
- § 21-3A-2. Action for bodily injury--Effective election--Objection to election--Time requirements--Action not tried under chapter--Withdrawal of election.
- § 21-3A-3. Calculation of damages by trier of fact.
- § 21-3A-4. Evidence and calculation of future damages--Jury instructions concerning future damages.
- § 21-3A-5. Judgment entered on verdict requiring special damages.
- § 21-3A-6. Judgment for periodic installments--Adjustment--Index factor--Schedule of payments.
- § 21-3A-7. Security authorized for payment of judgment for periodic installments.
- § 21-3A-8. Posting of security by judgment debtor or insurer--Failure to comply--Right to lump-sum payment--Wrongful death action--Right of reimbursement.
- § 21-3A-9. Discount factor.
- § 21-3A-10. Survivorship of liability for installment payments--Wrongful death action--Qualifying survivor defined.
- § 21-3A-11. Satisfaction of judgment and discharge of debtor.
- § 21-3A-12. Rules established by director of Division of Insurance.
- § 21-3A-13. Provisions of chapter severable.
- § 21-3B-1. Definitions.
- § 21-3B-2. Transferee to provide disclosure statement--Information required.
- § 21-3B-3. Transfer effective only upon order of court or administrative authority--Findings required.
- § 21-3B-4. Rights and obligations following transfer.
- § 21-3B-5. Application for approval of transfer to be made by transferee--Venue--Notice of proposed transfer.
- § 21-3B-6. Payee may not waive provisions.
- § 21-3B-7. Disputes decided under state law.
- § 21-3B-8. Life-contingent payments not to be transferred--Exception.
- § 21-3B-9. No payee liability for failure to comply with chapter.
- § 21-3B-10. Effect of chapter on existing laws and transfer agreements.
- § 21-3B-11. Transferee solely responsible for certain requirements.
- § 21-3B-12. Applicability of chapter.
- § 21-5-1. Liability for wrongful death where damages for injury could have been recovered--Unborn child.
- § 21-5-2. Causes of action surviving death of defendant.
- § 21-5-3. Limitation of actions.
- § 21-5-4. Foreign statute of limitations applicable.
- § 21-5-5. Relatives for whose benefit action brought--Personal representative to bring action.
- § 21-5-6. Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries.
- § 21-5-7. Damages proportionate to pecuniary injury to beneficiaries.
- § 21-5-8. Apportionment of damages among beneficiaries.
- § 21-5-9. Worker's compensation law governs where applicable.
- § 21-6-1. Action by loser for recovery of losses--Persons liable--Limitation of actions.
- § 21-6-2. Action by state's attorney for benefit of spouse, minor children or public schools.
- § 21-7-1. Action for waste against conservator or tenant--Treble damages and eviction from premises.
- § 21-7-2. Extent of injury or malice required to justify forfeiture and eviction.
- § 21-8-1. Kinds of injunctive relief.
- § 21-8-2. Purposes for which injunction prohibited.
- § 21-8-3. Provisional writ abolished--Temporary restraining order and preliminary injunction substituted.
- § 21-8-6. Restraining order or preliminary injunction to prevent disposal of property during pendency of action.
- § 21-8-7. Notice required before restraining order or preliminary injunction to suspend corporate business.
- § 21-8-9. Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.
- § 21-8-12. Order granting restraining order or preliminary injunction.
- § 21-8-14. Circumstances permitting grant of permanent injunction.
- § 21-8-15. Permanent injunction by judgment or decree in civil action--Procedure.
- § 21-8-16. Judicial power to restrain or enjoin violations of obscenity laws.
- § 21-8-17. Notice and trial before injunction to enforce obscenity laws--Orders to deliver and destroy obscene matter.
- § 21-8-18. Sale of obscene matter to adults not to be enjoined--Destruction not ordered unless matter disseminated to minors.
- § 21-9-1. Performance may be compelled except as provided.
- § 21-9-2. Obligations and agreements not specifically enforceable.
- § 21-9-3. Unfair and unreasonable contracts not specifically enforceable.
- § 21-9-4. Mutuality of remedy or full performance by plaintiff required for specific performance.
- § 21-9-5. Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
- § 21-9-6. Clear title required for specific performance of agreement to purchase property.
- § 21-9-7. Real property obligation enforceable against successor in interest--Good faith purchaser--Exoneration by conveyance.
- § 21-9-8. Performance or offer to perform in lieu of signature of written contract.
- § 21-9-9. Adequacy of compensation for failure to transfer property.
- § 21-9-10. Compelling delivery of personal property to person entitled to possession.
- § 21-9-11. Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause.
- § 21-10-1. Acts and omissions constituting nuisances.
- § 21-10-2. Acts under statutory authority not deemed nuisance.
- § 21-10-3. Public and private nuisances defined.
- § 21-10-4. Public nuisance not legalized by lapse of time.
- § 21-10-5. Remedies against nuisances enumerated.
- § 21-10-6. Abatement of nuisance--Notice required--Taxing cost of abatement--Civil action.
- § 21-10-7. Damages for past injury recoverable after abatement.
- § 21-10-8. Liability of successive owners for continuing nuisance.
- § 21-10-9. Persons entitled to maintain civil action against nuisance--Injunction and damages recoverable.
- § 21-10-10. House of ill fame declared nuisance--Injunction and abatement.
- § 21-10-11. State's attorney or citizen entitled to maintain action for injunction against house of ill fame.
- § 21-10-12. Temporary injunction against house of ill fame--Proof required--Notice to defendant.
- § 21-10-13. Binding effect on defendant of injunction against house of ill fame--Violation as contempt.
- § 21-10-14. Approval required for dismissal of action against house of ill fame--Substitution of parties plaintiff.
- § 21-10-15. Action against house of ill fame triable at first term of court--Evidence of reputation admissible.
- § 21-10-16. Costs taxable to plaintiff on finding of no reasonable ground.
- § 21-10-17. Order of abatement against house of ill fame--Removal and sale of property--Building closed--Use of building as contempt.
- § 21-10-18. Officer's fees for enforcing order of abatement against house of ill fame--Proceeds of sale of property.
- § 21-10-19. Release of property to owner on payment of costs and filing of bond--Conditions of bond--Effect of release.
- § 21-10-20. Punishment of violations of injunction--Arrest and trial--Penalty.
- § 21-10-25. Agricultural operation defined.
- § 21-10-25.1. Costs assessed against plaintiff in certain agricultural operation nuisance actions.
- § 21-10-25.2. State policy to protect agricultural operations from nuisance suits.
- § 21-10-25.3. Agricultural operations protected.
- § 21-10-25.4. Damages due to water pollution or land overflow not affected by protected status.
- § 21-10-25.5. Agricultural operation within municipality not protected.
- § 21-10-25.6. Frivolous action against agricultural operation--Costs and expenses recoverable.
- § 21-10-25.7. Agricultural operation nuisance--Compensatory damages.
- § 21-10-25.8. Agricultural operation nuisance--Punitive damages.
- § 21-10-25.9. Agricultural operation nuisance--Applicability of limitations.
- § 21-10-25.10. Agricultural operation nuisance--Standing--Burden of proof--Violation required.
- § 21-10-26. Logging slash defined.
- § 21-10-27. Abandonment of logging slash as public nuisance--Penalty.
- § 21-10-28. Use or operation of sport shooting range.
- § 21-10-28.1. Significant threat to human life or private habitations.
- § 21-10-29. Injunction not available to certain adversely affected property owners.
- § 21-10-30. Recovery based on negligence or willful or wanton misconduct not precluded.
- § 21-10-31. Provisions inapplicable where substantial change in primary use has occurred.
- § 21-10-32. Regulation of sport shooting ranges not prohibited.
- § 21-10-33. Sport shooting range defined.
- § 21-10-34. Prospective application of §§ 21-10-28 to 21-10-33.
- § 21-11-1. Fraud or mistake as ground for revision.
- § 21-11-2. Presumption of intent to make equitable agreement.
- § 21-11-3. Intent considered in revising instrument--Court not restricted by language.
- § 21-11-4. Revision and specific enforcement in combined or separate proceedings.
- § 21-12-1. Grounds for rescission.
- § 21-12-2. Restoration to original condition required on rescission for mistake.
- § 21-12-3. Compensation required of plaintiff for rescission.
- § 21-13-1. Cancellation ordered on apprehension of injury--Invalidity apparent on face of instrument.
- § 21-13-2. Partial cancellation of instrument.
- § 21-14-1. Remedies available for recovery of property--Civil action to recover possession--Title and possessory actions combined.
- § 21-14-2. Order to permit entry for surveys in action involving real property--Liability for unnecessary injury to property.
- § 21-14-3. Action to recover real property not prejudiced by alienation.
- § 21-14-4. Plaintiff's right to recover real property terminated while action pending--Damages for withholding.
- § 21-14-5. Compensation for improvements to real property made by defendant claiming in good faith.
- § 21-14-6. Determination of title, removal of clouds and commissioner's conveyance on absence or refusal of defendant to convey real property.
- § 21-15-1. Claim of immediate delivery permitted in action for possession of personal property--Time of claim.
- § 21-15-2. Contents of plaintiff's affidavit.
- § 21-15-3. Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.
- § 21-15-4. Undertaking required of plaintiff--Contents--Waiver.
- § 21-15-5. Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.
- § 21-15-6. Seizure of property by sheriff--Safekeeping and delivery.
- § 21-15-7. Seizure of property kept in building.
- § 21-15-8. Papers served on defendant when property seized.
- § 21-15-9. Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as waiver.
- § 21-15-10. Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.
- § 21-15-10.1. Notice of justification--Additional surety--Time and place of hearing.
- § 21-15-10.2. Appearance and examination of sureties.
- § 21-15-10.3. Allowance by judge--Effect.
- § 21-15-10.4. Costs of justification.
- § 21-15-11. Qualifications and justification of plaintiff's sureties.
- § 21-15-11.1. Qualifications of bail.
- § 21-15-12. Defendant's undertaking or deposit to retain possession--Terms.
- § 21-15-13. Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify.
- § 21-15-14. Delivery of property to plaintiff if return not required by defendant.
- § 21-15-15. Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.
- § 21-15-16. Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil action for failure or neglect.
- § 21-16-1. Grounds for maintenance of action.
- § 21-16-2. Repealed.
- § 21-16-3. Jurisdiction of courts.
- § 21-16-4. Joinder of actions.
- § 21-16-5. Survival of cause despite death of plaintiff.
- § 21-16-6. Verified Complaint--Service with Summons--Procedure.
- § 21-16-6.1. Service by publication--Exemption.
- § 21-16-7. Time for appearance by defendant.
- § 21-16-8. Time action brought on for trial--Special venire in jury cases.
- § 21-16-9. Certification to circuit court of title and boundary questions raised in magistrate court.
- § 21-16-10. Judgment for plaintiff.
- § 21-16-11. Attorney fees taxed as costs.
- § 21-16-12. Time of serving execution.
- § 21-17A-1. Attachment by creditor.
- § 21-17A-2. Issuance and direction of writ--Contents.
- § 21-17A-3. Affidavit required for execution in debt action--Contents.
- § 21-17A-4. Affidavit required for execution in tort action--Contents.
- § 21-17A-5. Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant.
- § 21-17A-6. Amendment of affidavit.
- § 21-17A-7. Bond required of plaintiff--Amount--Terms--Affidavit of surety--Exemption of state and subdivisions.
- § 21-17A-8. Additional security--Application by defendant--Joint sureties.
- § 21-17A-9. Return--Papers filed--Time allowed.
- § 21-17A-10. Service on defendant--Appraisal--Inventory--Lien created--Multiple writs executed on same property.
- § 21-17A-11. Seizure of property.
- § 21-17A-12. Real property attached by filing.
- § 21-17A-13. Property subject to attachment--Personal property.
- § 21-17A-14. Indemnification--Officer requiring.
- § 21-17A-15. Sale of attached property--Grounds--Proceeds held in lieu of property.
- § 21-17A-16. Keeping of property by officer--Collections--Legal proceedings.
- § 21-17A-17. Defendant's bond for release from attachment--Justification of sureties.
- § 21-17A-18. Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of officer.
- § 21-17A-19. Modification of writ--Notice of motion--Combining motions.
- § 21-17A-20. Motion to quash writ and release property--Service of notice of motion.
- § 21-17A-21. Contents of notice of motion--Affidavit--Grounds.
- § 21-17A-22. Hearing on motion--Order of court.
- § 21-17A-23. Basis of determination--Additional evidence--Continuance.
- § 21-17A-24. Priority of hearing on motion to quash.
- § 21-17A-25. Findings and order of court on hearing--Costs taxed--Damages assessed at trial.
- § 21-17A-26. Judgment for damages to defendant.
- § 21-17A-27. Delivery of property on judgment for defendant--Action on plaintiff's bond.
- § 21-17A-28. Satisfaction of judgment for plaintiff--Delivery of remaining property.
- § 21-17A-29. Plaintiff prosecuting actions officer authorized to bring--Indemnification of officer.
- § 21-17A-30. Death of defendant--Satisfaction of judgment for plaintiff.
- § 21-17A-31. Third party's property--Application for release.
- § 21-17A-32. Injunction not precluded.
- § 21-18-1. Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment.
- § 21-18-2. Plaintiff and defendant defined.
- § 21-18-2.1. Earnings subject to garnishment.
- § 21-18-3. Plaintiff's affidavit for garnishment--Contents.
- § 21-18-3.1. Garnishment prohibited before judgment.
- § 21-18-4. Affidavit covering more than one garnishee--Joint and several proceedings.
- § 21-18-6. Garnishee summons annexed to affidavit--Form.
- § 21-18-7. Service of summons, affidavit, and garnishment disclosure on garnishee.
- § 21-18-8. Service of summons, affidavit, and garnishment disclosure when state is garnishee.
- § 21-18-9. Fee paid to garnishee for expense of garnishment disclosure.
- § 21-18-10. Service of garnishee summons and affidavit on defendant.
- § 21-18-11. Time and manner of service of summons, affidavit, and garnishment disclosure--Return--Payment or retention of property by garnishee.
- § 21-18-12. Liability of garnishee to plaintiff after service of summons.
- § 21-18-13. Property held under void title included in garnishee's liability.
- § 21-18-14.1. Continuing lien on wages--Caption of garnishee summons--Disclosure forms.
- § 21-18-15. Judgment not rendered on garnishee's liability on negotiable instrument.
- § 21-18-16. Judgment not rendered on foreign corporation's liability paid by negotiable instrument.
- § 21-18-17. Judgment not rendered on carrier's liability for property in interstate commerce.
- § 21-18-18. Judgment not rendered against officer for property collected on legal process.
- § 21-18-19. Judgment not rendered on money accountable by public officer.
- § 21-18-23. Partial release of garnished funds on application by defendant.
- § 21-18-24. Subsequent proceedings against additional or discharged garnishees--Summons and trial in other counties.
- § 21-18-25. Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings.
- § 21-18-26. Garnishee's affidavit denying liability--Form.
- § 21-18-27. Garnishee's garnishment disclosure liability--Time of filing--Contents.
- § 21-18-27.1. Service of garnishment disclosure form on garnishee--Contents of form.
- § 21-18-28. Disclosure of liability when state is garnishee.
- § 21-18-29. Disclosure by garnishee not made on information and belief--State excepted.
- § 21-18-30. Garnishee's answer conclusive unless issue taken--Trial of issues.
- § 21-18-31. Motion for order on answer of garnishee and defendant--Affidavit.
- § 21-18-32. Payment to officer or clerk by garnishee--Discharge.
- § 21-18-33. Retention of property disclosed by garnishee until expiration of garnishment, levy, release, or court order--Return of property to defendant.
- § 21-18-34. Payment to clerk by state as garnishee--Exoneration of state.
- § 21-18-35. Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of notice on claimant.
- § 21-18-36. Answer or defense by adverse claimant--Judgment on default.
- § 21-18-37. Answer by other parties to affirmative claim set up by adverse claimant.
- § 21-18-38. Default judgment for adverse claimant--Trial of issues on adverse claim.
- § 21-18-39. Judgment against garnishee on failure to answer.
- § 21-18-40. Judgment not entered against state as garnishee--Summons of state operating as assignment.
- § 21-18-41. Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.
- § 21-18-42. Defense of garnishment proceedings by principal defendant--Grounds.
- § 21-18-43. Defense of action by garnishee.
- § 21-18-44. Garnishment proceedings deemed civil action--Procedural rules applicable.
- § 21-18-46. Right to jury trial in garnishment proceedings.
- § 21-18-47. Terms of judgment on garnishment proceedings--Orders for sale or disposition of property.
- § 21-18-48. Judgment against garnishee as discharge of liability to defendant.
- § 21-18-49. Costs awarded in garnishment action.
- § 21-18-50. Storage and maintenance expenses allowed to garnishee--Possessory lien.
- § 21-18-51. Maximum amount subject to garnishment.
- § 21-18-52. Maximum garnishment allowed for support of any person.
- § 21-18-53. Extent of debtor exemption.
- § 21-19-1. Definition of terms.
- § 21-19-2. Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit.
- § 21-19-3. Notice of levy on property--Contents--Statement as to claim of exemptions.
- § 21-19-4. Service on debtor of notice of levy.
- § 21-19-5. Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.
- § 21-19-6. Court order for substitute method of making service.
- § 21-19-7. Retention of property levied after notice to debtor.
- § 21-19-8. Sale of perishable property seized--Retention of proceeds.
- § 21-19-9. Time allowed for claim of exemptions--Claim by debtor's dependent.
- § 21-19-10. Contents of claim of exemptions--Schedule of property.
- § 21-19-11. Verification of claim required.
- § 21-19-12. Failure to claim additional exemptions as waiver.
- § 21-19-13. Relief from default in claiming exemptions--Effect on prior proceedings.
- § 21-19-14. Procedure for claim exclusive except as to absolute exemptions.
- § 21-19-15. Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.
- § 21-19-16. Retention of property claimed as exempt until final determination.
- § 21-19-17. Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.
- § 21-19-18. Release of exempt property on failure of creditor to answer.
- § 21-19-19. Creditor's answer to claim of exemptions--Specification of disputed facts and valuations.
- § 21-19-20. Disputed valuation of homestead--Demand for appraisal.
- § 21-19-21. Appointment of appraisers.