South Dakota Statutes

§ 15-6-12(d) — Preliminary hearings.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15 RULES OF PROCEDURE IN CIRCUIT COURTS

The defenses specifically enumerated in subdivisions 15-6-12(b)(1) to (6), whether made in a pleading or by motion, and the motion for judgment mentioned in § 15-6-12(c) shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial.

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Legislative History

SDC 1939 & Supp 1960, § 33.1002; SD RCP, Rule 12 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

Nearby Sections

15

§ 15-1-1

Definition of terms.

§ 15-1-2

Civil and criminal remedies not merged.

§ 15-1-3

Time during which action is pending.

§ 15-1-4

Procedure for acquiring signature of judge when no judge available.

§ 15-10-1

Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.

§ 15-10-10

Expungement of notice of pendency--Costs on grant or denial of motion.

§ 15-10-11

Expungement provisions, liability unaffected by.

§ 15-10-2

Action pending from time of notice--Time allowed for service of summons.

§ 15-10-3

Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.

§ 15-10-4

Discharge of notice of pendency of action--Contents, acknowledgment and recording.

§ 15-10-5

§ 15-10-6

Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.

§ 15-10-7

Expungement of notice of pendency upon motion therefor--Undertaking.

§ 15-10-8

Expungement of notice of pendency--Notice of motion--Proof considered.

§ 15-10-9

Expungement of notice of pendency--Effect.

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