South Dakota Statutes

§ 15-6-9(a) — Pleading capacity.

South Dakota § 15-6-9(a)
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15RULES OF PROCEDURE IN CIRCUIT COURTS

This text of South Dakota § 15-6-9(a) (Pleading capacity.) 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 § 15-6-9(a) (2026).

Text

It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

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Legislative History

SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

Nearby Sections

15
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Bluebook (online)
South Dakota § 15-6-9(a), Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-6-9(a).