Home/South Dakota/Statutes/Title 15: CIVIL PROCEDURE/Ch. 15: RULES OF PROCEDURE IN CIRCUIT COURTS/§ 15-6-43(e)
South Dakota Statutes

§ 15-6-43(e) — Evidence on motions.

South Dakota § 15-6-43(e)
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15RULES OF PROCEDURE IN CIRCUIT COURTS

This text of South Dakota § 15-6-43(e) (Evidence on motions.) 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 § 15-6-43(e) (2026).

Text

When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. Upon motion of any party for a hearing pursuant to § 21-1-4.1 , the court shall consider and decide the matter prior to trial.

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Legislative History

SD RCP, Rule 43 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 387 (Supreme Court Rule 93-4).

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
Repealed
§ 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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Bluebook (online)
South Dakota § 15-6-43(e), Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-6-43(e).