§ 15-6-41(c) — Dismissal of counterclaim, cross

The provisions of § 15-6-41 apply to the dismissal of any counterclaim, cross - claim, or third - party claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of § 15-6-41(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.

Legislative History

SD RCP, Rule 41 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.