South Dakota Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   In circuit court, SDCL 15-6-60(b) says that on motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the listed reasons. The court decides whether a reason is shown.

2. 2

   The listed reasons are (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under 15-6-59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) a void judgment; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; and (6) any other reason justifying relief from the operation of the judgment.

3. 3

   The motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under 15-6-59(b), and (3) fraud, misrepresentation, or other misconduct of an adverse party, not more than one year after the judgment, order or proceeding was entered or taken. Reasons (4), (5) and (6) are held to the reasonable-time standard.

4. 4

   A 15-6-60(b) motion does not affect the finality of a judgment or suspend its operation, so filing does not by itself stop enforcement. Under SDCL 15-6-62(b), the court in its discretion, and on conditions for the security of the adverse party, may stay execution pending the motion. Ask for it in writing.

5. 5

   Small claims: under SDCL 15-39-75, the court may at any time after entry of judgment, on motion and after such notice as it orders, vacate a small claims judgment for want of actual notice to a party, for error or for any other cause it deems sufficient. It may stay or supersede execution and order repayment of anything collected.

6. 6

   Under SDCL 15-39-76, costs of up to $250 may be awarded for or against either party to a small claims motion to vacate. SDCL 15-39-57 says no party may appeal any decision entered under the small claims procedure.

7. 7

   SDCL 15-6-60(b) does not limit an independent action, relief to a defendant not actually personally notified as provided by statute, or setting aside a judgment for fraud upon the court. Under SDCL 15-6-55(c), a default judgment may be set aside for good cause in accordance with 15-6-60(b); also see /legal-document/set-aside-default/south-dakota.

South Dakota Requirements for Motion to Vacate

• Rule 60(b) Motion

  SDCL 15-6-60(b): on motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the listed reasons.

• Six Listed Reasons

  SDCL 15-6-60(b)(1)-(6): mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence not discoverable by due diligence in time for a 15-6-59(b) new-trial motion; fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; void judgment; satisfied, released, discharged, prior judgment reversed or vacated, or no longer equitable; any other reason justifying relief.

• One-Year Limit for (1)-(3)

  SDCL 15-6-60(b): within a reasonable time, and for reasons (1) mistake or excusable neglect, (2) newly discovered evidence not discoverable by due diligence in time for a 15-6-59(b) new-trial motion, and (3) fraud or misconduct, not more than one year after the judgment, order or proceeding was entered or taken.

• No Suspension; Discretionary Stay

  SDCL 15-6-60(b): the motion does not affect finality or suspend operation. SDCL 15-6-62(b): in its discretion and on security conditions, the court may stay execution pending a 15-6-60 motion.

• Small Claims Vacatur

  SDCL 15-39-75: at any time after entry, on motion and notice the court orders, for want of actual notice, error or other sufficient cause; the court may stay or supersede execution and order repayment of anything collected.

• Small Claims Costs and No Appeal

  SDCL 15-39-76: costs not exceeding $250 may be awarded for or against either party to a motion to vacate. SDCL 15-39-57: no party may appeal any decision entered under the small claims procedure.

• Independent Action and Defaults

  SDCL 15-6-60(b) does not limit an independent action, relief to a defendant not actually personally notified as provided by statute, or setting aside for fraud upon the court. SDCL 15-6-55(c): default judgments may be set aside for good cause in accordance with 15-6-60(b).

• Reason and Timeliness Statement

  Name the reason relied on, the facts supporting it, the date the judgment was entered, and why the motion is within a reasonable time and, for mistake, newly discovered evidence not discoverable by due diligence in time, or fraud (reasons (1)-(3)), within one year, or a small claims motion after entry.