Section 15-2-30 – Commencement of action by service of summons–Summons on codefendant.
15-2-30. Commencement of action by service of summons–Summons on codefendant. An action is commenced as to each defendant when the summons is served on him, or on a codefendant who is a joint contractor or otherwise united in interest with him. Source: SDC 1939 & Supp 1960, §33.0202.
Section 15-2-31 – Attempted commencement of action by delivery of summons to sheriff–Publication or service following attempt.
15-2-31. Attempted commencement of action by delivery of summons to sheriff–Publication or service following attempt. An attempt to commence an action is deemed equivalent to the commencement thereof when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county in which the defendants […]
Section 15-2-32 – New action after reversal of judgment on appeal.
15-2-32. New action after reversal of judgment on appeal. If an action be commenced within the time prescribed therefor and a judgment therein be reversed on appeal, the plaintiff or, if he die and the cause of action survive, his heirs or representatives, may commence a new action within one year after the reversal. Source: […]
Section 15-2-33 – Dismissal without prejudice subject to plaintiff’s right to satisfy earlier judgment involving same parties.
15-2-33. Dismissal without prejudice subject to plaintiff’s right to satisfy earlier judgment involving same parties. If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney’s fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and […]
Section 15-2-34 – Action for recovery of damages against regional airport authority–Commencement.
15-2-34. Action for recovery of damages against regional airport authority–Commencement. Any action to recover damages for personal injury or death caused by the negligence of a regional airport authority, created pursuant to §50-6A-2, may only be commenced within two years of the alleged negligence. This section is prospective in application. Source: SL 1998, ch 277, […]
Section 15-2-35 – Action against real estate appraiser or employee for malpractice, error, mistake, or omission.
15-2-35. Action against real estate appraiser or employee for malpractice, error, mistake, or omission. No action may be brought against a licensed real estate appraiser, or any agent or employee thereof, for malpractice, error, mistake, or omission, whether based upon contract or tort, unless it is commenced within three years of the occurrence of the […]
Section 15-2-36 – Actions for breach of trust against qualified persons.
15-2-36. Actions for breach of trust against qualified persons. If §21-22-30 or 55-3-45 do not apply, absent fraud, intentional misrepresentation, or material omission, an action to recover for breach of trust against a qualified person as defined in §55-3-41 or an officer, director, or employee of a qualified person may be commenced only within two […]
Section 15-2-20 – Tolling of statute during absence of defendant from state–Real estate mortgage foreclosure actions excepted.
15-2-20. Tolling of statute during absence of defendant from state–Real estate mortgage foreclosure actions excepted. If when the cause of action shall accrue against any person he shall be out of the state, such action may be commenced within the terms herein respectively limited after the return of such person into this state; and if […]
Section 15-2-21 – Running of statute against enemy alien during war.
15-2-21. Running of statute against enemy alien during war. When a person shall be an alien subject, or a citizen of a country at war with the United States, the time of the continuance of the war is part of the period limited for the commencement of the action. Source: SDC 1939 & Supp 1960, […]
Section 15-2-22 – Tolling of statute during disability–Maximum period of extension–Actions excepted.
15-2-22. Tolling of statute during disability–Maximum period of extension–Actions excepted. If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, was at the time the cause of action accrued, either: (1)Within the age […]