South Dakota § 21-8-9 Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.

South Dakota Statutes

§ 21-8-9 — Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.

South Dakota § 21-8-9

Title 21JUDICIAL REMEDIES

Ch. 21-8INJUNCTION

This text of South Dakota § 21-8-9 (Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.) 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 § 21-8-9 (2026).

Text

If a complaint or other pleading is served, it may, if sufficient, be used as part of or in lieu of the affidavit for a temporary restraining order or preliminary injunction, so far as applicable, but this shall not restrict such showing by affidavit as the applicant elects to make. A copy of the complaint or other pleading, if intended as part of the showing, and a copy of any affidavit, so intended, must be served with the restraining order or injunction.

Free access — add to your briefcase to read the full text and ask questions with AI

If a complaint or other pleading is served, it may, if sufficient, be used as part of or in lieu of the affidavit for a temporary restraining order or preliminary injunction, so far as applicable, but this shall not restrict such showing by affidavit as the applicant elects to make. A copy of the complaint or other pleading, if intended as part of the showing, and a copy of any affidavit, so intended, must be served with the restraining order or injunction.

Legislative History

CCivP 1877, §§ 190, 191; CL 1887, §§ 4986, 4987; RCCivP 1903, §§ 198, 199; RC 1919, §§ 2425, 2426; Supreme Court Rule 605, 1939; SDC 1939 & Supp 1960, § 37.4305; SL 1978, ch 155, § 13.