South Dakota Claims Process - Walker Morgan LLC
South Dakota Claims Process
SD
South Dakota Courts with Jurisdiction Over Civil Matters Magistrate Court Hear civil matters with an amount in controversy of up to $12,000. Circuit Court The primary trial courts, and have general jurisdiction over most civil cases; also have appellate jurisdiction over appeals from the magistrate court. Supreme Court of South Dakota The highest court of the state; reviews cases from the Circuit Courts, and is the final appellate court in reviewing state court decisions.
$12,000 Magistrate Court
Circuit Court
Supreme Court of South Dakota
general jurisdiction over most civil cases
final appellate court in reviewing state court decisions
Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 30 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.
Discovery
After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:
Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.
Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.
Trial
Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.
Trials can take from 1 Day
If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.
to 2 Weeks
Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in South Dakota.
(800) 922-8411 (803) 359-6194
http://www.walkermorgan.com
Copyright © Walker Morgan, LLC
SD
South Dakota Courts with Jurisdiction Over Civil Matters Magistrate Court Hear civil matters with an amount in controversy of up to $12,000. Circuit Court The primary trial courts, and have general jurisdiction over most civil cases; also have appellate jurisdiction over appeals from the magistrate court. Supreme Court of South Dakota The highest court of the state; reviews cases from the Circuit Courts, and is the final appellate court in reviewing state court decisions.
$12,000 Magistrate Court
Circuit Court
Supreme Court of South Dakota
general jurisdiction over most civil cases
final appellate court in reviewing state court decisions
Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 30 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.
Discovery
After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:
Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.
Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.
Trial
Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.
Trials can take from 1 Day
If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.
to 2 Weeks
Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in South Dakota.
(800) 922-8411 (803) 359-6194
http://www.walkermorgan.com
Copyright © Walker Morgan, LLC
