How long does a party have to respond to a South Dakota motion for summary judgment?

Not later than 14 calendar days before the hearing date, the opposing party must serve a response or reply, including a response to the movant's statement of undisputed material facts (SDCL 15-6-56(c)).

Does the South Dakota summary judgment response deadline run from service of the motion or from the hearing date?

From the hearing date, counted backward. SDCL 15-6-56(c) sets the response 14 calendar days before the hearing, the motion and supporting papers 28 calendar days before the hearing, and the movant's reply 7 calendar days before the hearing. Because all three periods run backward from the hearing, a respondent's actual time to prepare depends on how far out the hearing is set, not on the date of service.

Does South Dakota require a statement of undisputed material facts for summary judgment?

Yes. Effective July 1, 2021, SDCL 15-6-56(c)(1) began requiring the movant to attach a separate, short, and concise statement of material facts, separately numbered with citations to the record. The opposing party must respond to each numbered paragraph, and any fact not controverted in the response is deemed admitted (SDCL 15-6-56(c)(2), (3)).

If the other side does not respond to a South Dakota motion for summary judgment, is it automatically granted?

No. The court must still find there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law before granting summary judgment, whether or not the motion is opposed (SDCL 15-6-56(c)).

Can a party get partial summary judgment in South Dakota?

Yes. SDCL 15-6-56(c) allows an interlocutory summary judgment on the issue of liability alone even though a genuine issue remains as to the amount of damages, and SDCL 15-6-56(d) lets the court, when judgment is not rendered on the whole case, enter an order specifying the facts established without substantial controversy to narrow what is tried.

Does this South Dakota page cover a motion to dismiss, a default judgment, or federal court?

No. This page covers only a civil motion for summary judgment in South Dakota circuit court. A motion to dismiss and a motion to set aside a default judgment are different motions covered elsewhere, and a federal civil case follows Federal Rule of Civil Procedure 56 rather than SDCL 15-6-56.

South Dakota Motion for Summary Judgment

Q: How soon before the hearing must a South Dakota summary judgment motion be served?

Not later than 28 calendar days before the hearing, the movant must serve the motion, supporting brief, statement of undisputed material facts, and any affidavits, unless the court fixes different periods by order (SDCL 15-6-56(c)).

Q: Does the weekend and holiday exclusion rule apply to the South Dakota summary judgment reply deadline?

No. SDCL 15-6-6(a) normally excludes intermediate Saturdays, Sundays, and legal holidays from short periods, but SDCL 15-6-56(c) expressly states that exclusion does not apply to the movant's 7-calendar-day reply period, so the reply deadline is counted in straight calendar days.

Q: What standard does a South Dakota court use to decide a motion for summary judgment?

The court renders judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (SDCL 15-6-56(c)).

South Dakota counts summary judgment deadlines backward from the hearing date: the motion and supporting papers are due 28 calendar days before the hearing, a response is due 14 calendar days before the hearing, and the movant's reply is due 7 calendar days before the hearing, under SDCL 15-6-56(c) as rewritten effective July 1, 2021.

Find out where you stand in South Dakota

Which side of the motion are you on?

DocDraft provides document preparation, not legal advice.

Introduction

South Dakota governs a motion for summary judgment under SDCL 15-6-56, the state's version of Rule 56. Effective July 1, 2021, SL 2021, ch 256 (Supreme Court Rule 21-04) rewrote subdivision (c) to set its own briefing schedule and to require, for the first time, a numbered statement of undisputed material facts. Under the current rule, the motion and supporting brief, together with the statement of undisputed material facts and any affidavits, must be served not later than 28 calendar days before the hearing (SDCL 15-6-56(c)). Any response or reply, including a response to the movant's statement of undisputed material facts, must be served not later than 14 calendar days before the hearing, and the movant may then serve a reply brief or affidavit not later than 7 calendar days before the hearing (SDCL 15-6-56(c)). All three periods run backward from the hearing date rather than forward from service of the motion, so the actual time a respondent has depends on how far out the hearing is set. South Dakota's day-computation rule, SDCL 15-6-6(a), excludes intermediate weekends and holidays only for periods of fewer than eleven days, but SDCL 15-6-56(c) expressly states that exclusion does not apply to the movant's 7-calendar-day reply period, so all three periods are counted in straight calendar days. A party seeking to recover on a claim, counterclaim, cross-claim, or declaratory judgment may move for summary judgment at any time after 30 days from commencement of the action, or immediately after the adverse party serves its own summary judgment motion; a defending party may move at any time (SDCL 15-6-56(a), (b)). No statewide statute sets a filing or hearing cutoff tied to the trial date, though an individual circuit judge may fix different periods by scheduling order under SDCL 15-6-56(c). The standard remains that judgment shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (SDCL 15-6-56(c)). The movant must attach a separate, short, and concise statement of the material facts as to which it contends there is no genuine issue, with each fact separately numbered and cited to the record (SDCL 15-6-56(c)(1)). The opposing party must respond to each numbered paragraph with its own separately numbered response and record citations, and any fact in the movant's statement is deemed admitted unless controverted (SDCL 15-6-56(c)(2), (3)). An opposing party may not rest on the mere allegations or denials of its pleading and must set forth specific facts showing a genuine issue for trial, though a party who cannot yet present facts by affidavit may instead seek a continuance or additional discovery (SDCL 15-6-56(e), (f)). South Dakota has no separate no-evidence motion like Texas or a distinct summary adjudication procedure like California; instead, SDCL 15-6-56(c)'s final sentence allows an interlocutory partial summary judgment on liability alone even though a genuine issue remains as to damages, and SDCL 15-6-56(d) lets the court narrow the issues for trial when judgment is not rendered on the whole case. Affidavits submitted in bad faith can draw expense-shifting, attorney's fees, or contempt sanctions against the offending party or attorney (SDCL 15-6-56(g)). This page covers a civil motion for summary judgment in South Dakota circuit court. If you are testing the sufficiency of a complaint before answering it, see DocDraft's motion to dismiss page; if you are trying to undo a default judgment, see DocDraft's motion to set aside a default page; and a federal civil case follows Federal Rule of Civil Procedure 56, not this state rule, and is outside the scope of this page. Summary judgment practice is technical and is often lost on procedure rather than the merits, and a motion is not automatically granted just because the other side fails to respond. Attorney review is available before you file or respond.

Key Things to Know

1
South Dakota counts summary judgment deadlines backward from the hearing date: the motion, brief, statement of undisputed material facts, and any affidavits must be served at least 28 calendar days before the hearing, a response is due 14 calendar days before the hearing, and the movant's reply is due 7 calendar days before the hearing (SDCL 15-6-56(c)).
2
If you were served with a South Dakota motion for summary judgment, your response, including your own statement of the material facts you contend are genuinely disputed, is due 14 calendar days before the hearing date, not 14 days after you were served, so check the notice of hearing to calculate your actual deadline.
3
A South Dakota motion for summary judgment is not automatically granted just because the other side fails to respond; the court must still find no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law (SDCL 15-6-56(c)).
4
Effective July 1, 2021 (SL 2021, ch 256, Supreme Court Rule 21-04), South Dakota rewrote SDCL 15-6-56(c) to set its own 28/14/7-calendar-day briefing schedule and to require, for the first time, a numbered statement of undisputed material facts, replacing the prior generic motion-notice periods.
5
The movant must attach a separate, short, and concise statement of undisputed material facts, separately numbered with record citations; the opposing party must respond to each numbered paragraph, and any fact not controverted in the response is deemed admitted (SDCL 15-6-56(c)(1)-(3)).
6
South Dakota has no separate no-evidence motion or summary adjudication procedure; instead, SDCL 15-6-56(c) allows an interlocutory partial summary judgment on liability alone even with a genuine issue as to damages, and SDCL 15-6-56(d) lets the court narrow the issues for trial when judgment is not rendered on the whole case.
7
This page covers only a South Dakota motion for summary judgment. To challenge a complaint's sufficiency, see DocDraft's motion to dismiss page; to undo a default judgment, see DocDraft's motion to set aside a default; a federal civil case follows Federal Rule of Civil Procedure 56 and is outside the scope of this page.

Key decisions before you file

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

Open the Motion for Summary Judgment guide

Customize your Motion for Summary Judgment Template with DocDraft

CIV. NO. [CASE NUMBER]

STATE OF SOUTH DAKOTA IN CIRCUIT COURT [COUNTY] COUNTY [JUDICIAL CIRCUIT] CIRCUIT

[PLAINTIFF NAME], Plaintiff, vs. [DEFENDANT NAME], Defendant.

MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: OR PARTIAL SUMMARY JUDGMENT ON LIABILITY]

[NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT] in this action, moves the Court under SDCL 15-6-56 for summary judgment [IF APPLICABLE: on the issue of liability alone, under SDCL 15-6-56(c), although a genuine issue remains as to the amount of damages], and states:

GROUNDS

There is no genuine issue as to any material fact, and Movant is entitled to judgment as a matter of law under SDCL 15-6-56(c).
[IF APPLICABLE: DESCRIPTION OF THE SPECIFIC CLAIM, DEFENSE, OR ISSUE ON WHICH JUDGMENT IS SOUGHT.]

STATEMENT OF UNDISPUTED MATERIAL FACTS

As required by SDCL 15-6-56(c)(1), Movant attaches a separate, short, and concise statement of the material facts as to which Movant contends there is no genuine issue to be tried, with each fact separately numbered and cited to the record: [SEPARATELY NUMBERED STATEMENT OF UNDISPUTED MATERIAL FACTS WITH CITATIONS TO THE RECORD].
[IF APPLICABLE: The attached affidavit of AFFIANT NAME is made on personal knowledge, sets forth facts that would be admissible in evidence, and shows the affiant is competent to testify to the matters stated, as required by SDCL 15-6-56(e).]

MEMORANDUM

Movant is entitled to judgment as a matter of law on the undisputed facts above for the following reasons: [LEGAL ARGUMENT AND AUTHORITY].

RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court enter [IF APPLICABLE: partial] summary judgment in Movant's favor [IF APPLICABLE: on the issue of liability described above], and grant such other relief as the Court deems just.

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, SOUTH DAKOTA ZIP] [PHONE] [EMAIL] [SOUTH DAKOTA BAR NUMBER, IF AN ATTORNEY]

NOTICE OF HEARING

PLEASE TAKE NOTICE that the foregoing Motion for Summary Judgment, supporting brief, and Statement of Undisputed Material Facts are served not later than 28 calendar days before the hearing on this motion, which will be heard before the Court on [HEARING DATE], at [HEARING TIME], at [LOCATION OF HEARING OR REMOTE PLATFORM], as required by SDCL 15-6-56(c). Any response or reply, including a response to this Statement of Undisputed Material Facts, is due not later than 14 calendar days before the hearing date, and Movant may serve a reply brief or affidavit not later than 7 calendar days before the hearing date.

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Motion for Summary Judgment, supporting brief, Statement of Undisputed Material Facts, and Notice of Hearing was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

South Dakota Requirements for Motion for Summary Judgment

28-Calendar-Day Notice Before the Hearing
The motion, supporting brief, statement of undisputed material facts, and any affidavits must be served not later than 28 calendar days before the hearing, unless the court fixes different periods by order (SDCL 15-6-56(c)).
14-Calendar-Day Response Runs Backward From the Hearing
Any response or reply, including a response to the movant's statement of undisputed material facts, must be served not later than 14 calendar days before the hearing date, not 14 days after service of the motion (SDCL 15-6-56(c)).
7-Calendar-Day Reply Excluded From the Weekend-Exclusion Rule
The movant may serve a reply brief or affidavit not later than 7 calendar days before the hearing. SDCL 15-6-56(c) expressly states that the weekend and holiday exclusion in SDCL 15-6-6(a) does not apply to this 7-day period.
Earliest Filing at 30 Days After Commencement
A party seeking to recover on a claim, counterclaim, cross-claim, or declaratory judgment may move for summary judgment at any time after 30 days from commencement of the action, or immediately after the adverse party serves its own motion; a defending party may move at any time (SDCL 15-6-56(a), (b)).
No Statewide Filing Cutoff Tied to Trial
SDCL 15-6-56 sets no statewide deadline for filing a summary judgment motion before trial; an individual circuit judge may fix different periods by scheduling order under SDCL 15-6-56(c).
Statement of Undisputed Material Facts Required Since 2021
Effective July 1, 2021 (SL 2021, ch 256, Supreme Court Rule 21-04), the movant must attach a separate, short, and concise statement of the material facts as to which it contends there is no genuine issue, with each fact separately numbered and cited to the record (SDCL 15-6-56(c)(1)).
Unanswered Numbered Facts Deemed Admitted
The opposing party must respond to each numbered paragraph in the movant's statement with a separately numbered response and record citations; any fact not controverted in that response is deemed admitted (SDCL 15-6-56(c)(2), (3)).
Interlocutory Partial Summary Judgment on Liability
SDCL 15-6-56(c) allows an interlocutory summary judgment on the issue of liability alone even though a genuine issue remains as to the amount of damages, and SDCL 15-6-56(d) lets the court narrow the issues for trial when judgment is not rendered on the whole case.
Bad-Faith Affidavits Can Draw Sanctions
Affidavits submitted in bad faith can result in expense-shifting, attorney's fees, or contempt against the offending party or attorney (SDCL 15-6-56(g)).

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

South Dakota Requirements for Motion for Summary Judgment

28-Calendar-Day Notice Before the Hearing

14-Calendar-Day Response Runs Backward From the Hearing

7-Calendar-Day Reply Excluded From the Weekend-Exclusion Rule

Earliest Filing at 30 Days After Commencement

No Statewide Filing Cutoff Tied to Trial

Statement of Undisputed Material Facts Required Since 2021

Unanswered Numbered Facts Deemed Admitted

Interlocutory Partial Summary Judgment on Liability

Bad-Faith Affidavits Can Draw Sanctions

Frequently Asked Questions