Home/South Dakota/Statutes/Title 15: CIVIL PROCEDURE/Ch. 15: RULES OF PROCEDURE IN CIRCUIT COURTS/§ 15-6-56(f)
South Dakota Statutes

§ 15-6-56(f) — Opposing summary judgment when affidavits are unavailable.

South Dakota § 15-6-56(f)
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15RULES OF PROCEDURE IN CIRCUIT COURTS

This text of South Dakota § 15-6-56(f) (Opposing summary judgment when affidavits are unavailable.) 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 § 15-6-56(f) (2026).

Text

Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

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Legislative History

SD RCP, Rule 56 (f), 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
Repealed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 § 15-6-56(f), Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-6-56(f).