SD Bar Civil Procedure — Questions and Answers
Question 1: What is the statute of limitations for breach of contract in South Dakota?
- 6 years (Correct answer)
- 3 years
- 2 years
- 10 years
Correct answer: 6 years
South Dakota provides a 6-year statute of limitations for breach of written contract actions.
Question 2: Under South Dakota rules, what is the standard for granting a motion for summary judgment?
- No genuine issue of material fact exists and the movant is entitled to judgment as a matter of law (Correct answer)
- The judge believes one party is likely to win
- Both parties consent
- The case has been pending more than 2 years
Correct answer: No genuine issue of material fact exists and the movant is entitled to judgment as a matter of law
Summary judgment is appropriate when the record demonstrates no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
Question 3: In South Dakota, what is the process for initiating a civil lawsuit?
- Filing a complaint with the circuit court and serving the defendant with a summons (Correct answer)
- Sending a demand letter to the defendant
- Filing a complaint with the police
- Publishing notice in a newspaper
Correct answer: Filing a complaint with the circuit court and serving the defendant with a summons
A civil lawsuit begins when the plaintiff files a complaint with the appropriate circuit court and properly serves the defendant with a summons and copy of the complaint.
Question 4: What is the South Dakota comparative negligence standard?
- Modified comparative negligence where the plaintiff is barred if their negligence is equal to or greater than the defendants (Correct answer)
- Pure comparative negligence
- Contributory negligence
- No-fault liability
Correct answer: Modified comparative negligence where the plaintiff is barred if their negligence is equal to or greater than the defendants
South Dakota uses a modified comparative negligence system under which a plaintiffs recovery is reduced by their percentage of fault, and they are barred entirely if their fault is 50% or more.
Question 5: Under South Dakota law, what is the purpose of a deposition?
- To obtain sworn testimony from a witness or party before trial for use in discovery (Correct answer)
- To present closing arguments
- To select the jury
- To file a motion for dismissal
Correct answer: To obtain sworn testimony from a witness or party before trial for use in discovery
A deposition allows attorneys to question witnesses under oath before trial, preserving testimony and discovering facts relevant to the case.
Question 6: What is the South Dakota small claims court jurisdictional limit?
- $12,000 (Correct answer)
- $5,000
- $10,000
- $25,000
Correct answer: $12,000
South Dakota small claims courts can hear cases involving claims up to $12,000, providing a simplified and less formal process for smaller disputes.
SD Bar Civil Procedure
What is the statute of limitations for breach of contract in South Dakota?