South Dakota Motion for Continuance

Q: What rule governs a motion for continuance in South Dakota?

SDCL chapter 15-11, Circuit Court Calendar and Continuances, governs. SDCL 15-11-4 allows the court to postpone a trial or hearing upon good cause shown, and SDCL 15-11-6 sets the form and timing of the motion.

Q: What are acceptable reasons for a continuance in South Dakota civil court?

The standard is good cause shown. The statute specifically names a party or attorney attending a legislative session (SDCL 15-11-5) and an absent witness, which needs a detailed affidavit (SDCL 15-11-7). The judge decides each request.

Q: Does a South Dakota motion for continuance have to be in writing with an affidavit?

Yes. SDCL 15-11-6 says the motions shall be in writing and accompanied by affidavits that set out with particularity the grounds and cause, and the efforts to avoid the delay.

Q: How far ahead must I file a continuance motion in South Dakota?

Not less than ten calendar days before the day set for trial, unless the cause arose or came to your knowledge after that time (SDCL 15-11-6). File as soon as you know you need more time.

Q: What happens after I file a continuance motion in South Dakota?

The court schedules a hearing on the motion, which may be by telephone, and decides without delay. Counteraffidavits are allowed only to show want of diligence or bad faith (SDCL 15-11-6, 15-11-8).

Q: Can the other side and I agree to a continuance in South Dakota?

After a certificate of readiness has been filed in a civil matter, all of the parties may stipulate in writing for a continuance (SDCL 15-11-10.1). Do not assume the date has moved. Confirm the new date with the court.

Q: Do I still have to go to my South Dakota hearing if I filed a motion for continuance?

Yes, unless the court has granted the motion and told you the date moved. Until then the hearing date stands, so attend.

Q: Is there a continuance rule for South Dakota evictions?

Yes. Under SDCL 21-16-7, no adjournment or continuance for more than 14 days is allowed unless the defendant gives an undertaking with surety conditioned on payment of accruing rent and costs.

Q: Can I get a continuance in South Dakota small claims or family court?

SDCL 15-11-5 expressly covers contested small claims actions when a party or attorney is a legislator in session. A separate family court or small claims continuance rule is not covered here, so ask the clerk of courts about your case type.

Q: Is there an official South Dakota motion for continuance form or template?

No official statewide form is covered here. The sample on this page follows the written motion and affidavit requirement of SDCL 15-11-6. The court system forms page is at ujs.sd.gov/Forms.

SDCL 15-11-6 requires a written motion with an affidavit. Your date stands until the judge rules.

Find out where you stand in South Dakota

What kind of case is the hearing in?

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Introduction

South Dakota continuances are governed by SDCL 15-11. The motion must be written with an affidavit and made at least 10 calendar days before trial unless the cause arose later. Good cause is required. Your date stands until the court rules.

Key Things to Know

1
South Dakota's statute (SDCL 15-11-4) lets the court postpone a trial or hearing 'upon good cause shown.' The state uses the terms continuance and postponement. The chapter is titled Circuit Court Calendar and Continuances.
2
The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you it has been moved. Filing a motion does not postpone anything.
3
The motion must be in writing and accompanied by affidavits that set out with particularity the grounds and cause, and your efforts or your attorney's efforts to avoid the delay (SDCL 15-11-6).
4
Applications must be made by motion not less than ten calendar days before the day set for trial, unless the cause arose or came to your knowledge after that time (SDCL 15-11-6).
5
A motion based on an absent witness requires a detailed affidavit (SDCL 15-11-7). It is not granted if the other side admits the testimony (SDCL 15-11-9). The court may impose terms (SDCL 15-11-10).
6
If a party or attorney is a legislator and the session is under way, attendance is cause for postponement, including in contested small claims, and SDCL 15-11-5 requires notice; check the statute for when it is due. The court still rules.
7
After a certificate of readiness is filed, all parties may stipulate in writing to a continuance (SDCL 15-11-10.1). In an eviction, a continuance over 14 days requires the defendant's undertaking with surety for accruing rent and costs (SDCL 21-16-7).

Key decisions before you file

Before you file a Motion for Continuance in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.

Open the Motion for Continuance guide

Customize your Motion for Continuance Template with DocDraft

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT :SS COUNTY OF [COUNTY] ) [NUMBER] JUDICIAL CIRCUIT

[PLAINTIFF NAME], Plaintiff, [CIVIL FILE NUMBER] v. MOTION FOR CONTINUANCE [DEFENDANT NAME], Hearing/Trial Date: [DATE AND TIME] Defendant.

[YOUR NAME], [PLAINTIFF OR DEFENDANT], moves under SDCL 15-11-4 and 15-11-6 for a continuance of the [HEARING OR TRIAL] now set for [DATE AND TIME], and states:

This case is pending in the above court. The [HEARING OR TRIAL] is set for [DATE AND TIME]. This is the [FIRST OR NUMBER] request for a continuance by the movant.
GOOD CAUSE. The movant shows good cause on the following ground(s):

[IF APPLICABLE: GROUND A, ABSENT WITNESS (SDCL 15-11-7): The movant needs the testimony of [WITNESS NAME], who is absent because [REASON]. The testimony would show [FACTS]. The movant has tried to obtain the witness by [STEPS TAKEN AND DATES]. A detailed affidavit is attached.]

[IF APPLICABLE: GROUND B, LEGISLATOR IN SESSION (SDCL 15-11-5): [PARTY OR ATTORNEY NAME] is a member of the South Dakota Legislature, and the legislative session is in progress. Notice of this ground under SDCL 15-11-5 was given on [DATE].]

[IF APPLICABLE: GROUND C, OTHER GOOD CAUSE: [REASON AND FACTS].]

EFFORTS TO AVOID DELAY. The movant has tried to avoid this delay by [EFFORTS MADE].
TIMING. [IF APPLICABLE: This motion is filed at least ten calendar days before the trial date.] [IF APPLICABLE: The cause for this motion arose or came to the movant's knowledge on [DATE], which is less than ten calendar days before the trial date.]
REQUESTED NEW TIMING. The movant asks that the matter be continued to [REQUESTED DATE OR TIME PERIOD, OR A DATE CONVENIENT TO THE COURT].
POSITION OF OTHER SIDE. The movant contacted [OTHER SIDE NAME OR COUNSEL] on [DATE]. The other side [CONSENTS, DOES NOT CONSENT, OR HAS NOT RESPONDED]. [IF APPLICABLE: A certificate of readiness has been filed and all parties have signed a written stipulation, attached.]
This motion is made in good faith and not only for delay.

The movant asks the Court to schedule a hearing on this motion, which may be by telephone, and to continue the [HEARING OR TRIAL] to the date stated above.

Dated: [DATE]

[YOUR NAME] [ADDRESS] [PHONE] / [EMAIL]

AFFIDAVIT IN SUPPORT STATE OF SOUTH DAKOTA, COUNTY OF [COUNTY], :SS

[AFFIANT NAME], being sworn, states: the grounds and cause for this motion are set out in particular above, along with my efforts to avoid delay, and the facts stated are true to the best of my knowledge.

______________________________ Date: [DATE] [AFFIANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public, My commission expires: [DATE]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this motion and affidavit on [OTHER SIDE NAME OR COUNSEL] at [ADDRESS OR EMAIL] by [METHOD OF SERVICE].

[YOUR NAME]

South Dakota Requirements for Motion for Continuance

SDCL 15-11 Governs Continuances
SDCL 15-11-4 lets the court postpone a trial or hearing upon good cause shown. South Dakota uses the terms continuance and postponement.
Written Motion With Affidavit
The motion must be in writing with affidavits setting out with particularity the grounds and cause and the efforts to avoid the delay (SDCL 15-11-6).
Ten Calendar Day Timing
The motion is due not less than ten calendar days before trial unless the cause arose or became known later (SDCL 15-11-6).
Absent Witness Affidavit
An absent witness ground requires a detailed affidavit (SDCL 15-11-7). No continuance is granted if the other side admits the testimony (SDCL 15-11-9).
Legislator Party or Attorney
Attendance of a party or attorney at a legislative session is cause for postponement, including contested small claims. Notice is required; check SDCL 15-11-5 for when it is due.
Stipulated Continuance
After a certificate of readiness is filed, all parties may stipulate in writing for a continuance (SDCL 15-11-10.1). Confirm with the court whether it must still approve and what the new date is.
Eviction Continuance Limit
No continuance over 14 days in an eviction unless the defendant gives an undertaking with surety for accruing rent and costs (SDCL 21-16-7).
Terms on a Continuance
The court may impose terms when granting a continuance (SDCL 15-11-10). The court holds a hearing, which may be by telephone, on the motion.

Frequently Asked Questions

What rule governs a motion for continuance in South Dakota?

What are acceptable reasons for a continuance in South Dakota civil court?

Does a South Dakota motion for continuance have to be in writing with an affidavit?

How far ahead must I file a continuance motion in South Dakota?

What happens after I file a continuance motion in South Dakota?

Can the other side and I agree to a continuance in South Dakota?

Do I still have to go to my South Dakota hearing if I filed a motion for continuance?

Is there a continuance rule for South Dakota evictions?

Can I get a continuance in South Dakota small claims or family court?

Is there an official South Dakota motion for continuance form or template?

Can a South Dakota court set conditions on a continuance?

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Continuance Template with DocDraft

South Dakota Requirements for Motion for Continuance

SDCL 15-11 Governs Continuances

Written Motion With Affidavit

Ten Calendar Day Timing

Absent Witness Affidavit

Legislator Party or Attorney

Stipulated Continuance

Eviction Continuance Limit

Terms on a Continuance

Frequently Asked Questions