SD Bar Civil Procedure

Question 1

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

Accepted Answer

6 years

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

A deposition allows attorneys to question witnesses under oath before trial, preserving testimony and discovering facts relevant to the case.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Civil Procedure