SD Bar Civil Procedure

Question 1

What is the statute of limitations for breach of contract in South Dakota?

Accepted Answer

6 years

Answer

3 years

Answer

2 years

Answer

10 years

Question 2

Under South Dakota rules, what is the standard for granting a motion for summary judgment?

Accepted Answer

No genuine issue of material fact exists and the movant is entitled to judgment as a matter of law

Answer

The judge believes one party is likely to win

Answer

Both parties consent

Answer

The case has been pending more than 2 years

Question 3

In South Dakota, what is the process for initiating a civil lawsuit?

Accepted Answer

Filing a complaint with the circuit court and serving the defendant with a summons

Answer

Sending a demand letter to the defendant

Answer

Filing a complaint with the police

Answer

Publishing notice in a newspaper

Question 4

What is the South Dakota comparative negligence standard?

Accepted Answer

Modified comparative negligence where the plaintiff is barred if their negligence is equal to or greater than the defendants

Answer

Pure comparative negligence

Answer

Contributory negligence

Answer

No-fault liability

Question 5

Under South Dakota law, what is the purpose of a deposition?

Accepted Answer

To obtain sworn testimony from a witness or party before trial for use in discovery

Answer

To present closing arguments

Answer

To select the jury

Answer

To file a motion for dismissal

Question 6

What is the South Dakota small claims court jurisdictional limit?

Accepted Answer

$12,000

Answer

$5,000

Answer

$10,000

Answer

$25,000