SD Bar Civil Procedure 2 — Questions and Answers
Question 1: In South Dakota, what is the doctrine of res judicata?
- A final judgment on the merits bars relitigation of the same claim between the same parties (Correct answer)
- Cases can always be refiled with new evidence
- Only criminal cases are subject to res judicata
- The doctrine applies only in federal courts
Correct answer: A final judgment on the merits bars relitigation of the same claim between the same parties
Res judicata prevents parties from relitigating claims that were or could have been raised in a prior action resulting in a final judgment on the merits.
Question 2: What is the process for enforcing a judgment in South Dakota?
- The prevailing party may use garnishment, execution on property, or other collection methods to satisfy the judgment (Correct answer)
- Judgments are automatically paid by the state
- The losing party must voluntarily comply
- Only criminal fines can be enforced
Correct answer: The prevailing party may use garnishment, execution on property, or other collection methods to satisfy the judgment
South Dakota provides several enforcement mechanisms for civil judgments including wage garnishment, bank levies, and execution on real and personal property.
Question 3: Under South Dakota civil rules, what is a counterclaim?
- A claim asserted by the defendant against the plaintiff in the same action (Correct answer)
- A claim by a third party
- An appeal of the original claim
- A motion to dismiss
Correct answer: A claim asserted by the defendant against the plaintiff in the same action
A counterclaim allows the defendant to assert their own legal claim against the plaintiff within the same lawsuit, often arising from the same transaction.
Question 4: What is the South Dakota standard for granting a temporary restraining order?
- The applicant must show likelihood of irreparable harm and a likelihood of success on the merits (Correct answer)
- Any party can obtain one automatically
- The judge must find the case frivolous
- Only government agencies can request TROs
Correct answer: The applicant must show likelihood of irreparable harm and a likelihood of success on the merits
A TRO requires showing that irreparable harm will occur without the order and that the applicant is likely to succeed on the merits of their underlying claim.
Question 5: In South Dakota, what is the standard for admission of expert testimony?
- The expert must have specialized knowledge that will help the trier of fact, and the testimony must be reliable (Correct answer)
- Any person can testify as an expert
- Expert testimony is never admissible
- Only doctors and engineers can be expert witnesses
Correct answer: The expert must have specialized knowledge that will help the trier of fact, and the testimony must be reliable
Expert testimony is admissible if the witness has specialized knowledge helpful to the trier of fact and the testimony is based on reliable principles and methods.
Question 6: What is the role of alternative dispute resolution in South Dakota civil cases?
- Courts may order mediation or arbitration to resolve disputes without trial (Correct answer)
- ADR is prohibited in South Dakota
- Only family law cases can use ADR
- ADR decisions are never binding
Correct answer: Courts may order mediation or arbitration to resolve disputes without trial
South Dakota courts can order parties to participate in mediation or other ADR processes, which can result in faster and less expensive resolution of disputes.
SD Bar Civil Procedure 2
In South Dakota, what is the doctrine of res judicata?