Where trial in this tort action lasted 14 days; on the last day, the District Court informed the parties that trial would conclude at 6:15 ...
Read More »Tag Archives: Civil Procedure
Civil Procedure – Discovery Sanctions
Where mother moved for a change of custody alleging that the child was endangered because of the sexual contact between father and the child and ...
Read More »Civil Procedure – Amendments to Rules
Amendments to Rules 45 and 54 and Form 1–Summons of the Rules of Civil Procedure, and to Rule 127 of the General Rules of Practice ...
Read More »Civil Procedure – Motion to Vacate Judgment
Where a former client sued his former attorney for failure to render legal services; the attorney failed to appear at the District Court hearing and ...
Read More »Civil Procedure – Vouching; Indemnification
In a common-law indemnity action involving the practice of vouching, a defendant who was sued in South Dakota in connection with a fire loss properly ...
Read More »Civil Procedure – Dismissal after Summary Judgment
After granting summary judgment against a claimant on the merits of a claim, a District Court may not dismiss the claim without prejudice but, rather, ...
Read More »Civil Procedure – Motion to Vacate Dismissal
Where the pro se plaintiff failed to appear in conciliation court at the time scheduled for a hearing; the conciliation court granted default judgment in ...
Read More »Civil Procedure – Costs; Prevailing Party
Where a partial settlement was made during the first trial; the jury in the first trial found in plaintiff’s favor but the District Court granted ...
Read More »Civil Procedure – Sanctions; Contempt
Where the District Court imposed sanctions against a plaintiff, counsel for that plaintiff and against a second plaintiff who is an attorney and represented himself, ...
Read More »Civil Procedure – Objection to Standing
Where a title company questioned the standing of an insurer as an alleged subrogee; and the standing issue was raised at the damages trial, after ...
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