South Dakota § 23A-41-4 - (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.
Full text of South Dakota South Dakota Codified Laws § 23A-41-4 — (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions., with citation guidance and answers to common questions.
§ 23A-41-4. (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.
A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time.
Source: SL 1978, ch 178, § 498.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-41-4
What does South Dakota Codified Laws § 23A-41-4 cover?
Section 23A-41-4 ("(Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.") 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 § 23A-41-4?
A common citation format is "South Dakota Codified Laws § 23A-41-4" (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 § 23A-41-4 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.