South Dakota Statutes

§ 15-6-9(h) — Unknown party--How designated in pleadings and process.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15 RULES OF PROCEDURE IN CIRCUIT COURTS

When a party is ignorant of the name of an opposing party and so alleges in his pleading, the opposing party may be designated by any name, and when his true name is discovered the process and all pleadings and proceedings in the action shall be amended by substituting the true name.

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South Dakota § 15-6-9(h) (Unknown party--How designated in pleadings and process.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SDC 1939 & Supp 1960, § 33.0401; SD RCP, Rule 9 (h), 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

§ 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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