South Dakota Statutes
§ 15-6-8(c) — Defenses--Form of denials.
South Dakota § 15-6-8(c)
This text of South Dakota § 15-6-8(c) (Defenses--Form of denials.) 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 § 15-6-8(c) (2026).
Text
In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.
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Legislative History
SDC 1939 & Supp 1960, § 33.0905; SD RCP, Rule 8 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Nearby Sections
15
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Bluebook (online)
South Dakota § 15-6-8(c), Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-6-8(c).