South Dakota § 15-40-9 - Ruling for expedited relief--Dismissal--Grounds--Effect of voluntary dismissal.
Full text of South Dakota South Dakota Codified Laws § 15-40-9 — Ruling for expedited relief--Dismissal--Grounds--Effect of voluntary dismissal., with citation guidance and answers to common questions.
§ 15-40-9. Ruling for expedited relief--Dismissal--Grounds--Effect of voluntary dismissal.
In ruling on a motion under § 15-40-3, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:
(1) The moving party establishes under § 15-40-1 that the provisions of this chapter apply;
(2) The responding party fails to establish under § 15-40-2 that the provisions of this chapter do not apply; and
(3) Either:
(a) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(b) The moving party establishes that the responding party failed to state a cause of action upon which relief can be granted, or there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the action.
A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under § 15-40-3, does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under § 15-40-12.
A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under § 15-40-3 establishes, for the purpose of § 15-40-12, that the moving party prevailed on the motion.
Source: SL 2026, ch 91, § 9.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 15-40-9
What does South Dakota Codified Laws § 15-40-9 cover?
Section 15-40-9 ("Ruling for expedited relief--Dismissal--Grounds--Effect of voluntary dismissal.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 15-40-9?
A common citation format is "South Dakota Codified Laws § 15-40-9" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 15-40-9 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.