South Dakota § 15-10-6 Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.

South Dakota Statutes

§ 15-10-6 — Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.

South Dakota § 15-10-6

Title 15CIVIL PROCEDURE

Ch. 15-10LIS PENDENS NOTICE

This text of South Dakota § 15-10-6 (Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 15-10-6 (2026).

Text

Any time after the notice of pendency of an action has been filed for record pursuant to § 15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:

(1)The action does affect the title to the real property described in the notice; and (2) The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.

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Any time after the notice of pendency of an action has been filed for record pursuant to § 15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that: (1) The action does affect the title to the real property described in the notice; and (2) The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.