If the complaint in an action pursuant to § 21-10-11 is filed by a citizen, it shall not be dismissed except upon a sworn statement made by the plaintiff and his attorney setting forth the reasons why the action should be dismissed, and the dismissal approved by the state’s attorney, in writing, or in open court. If the court is of the opinion that the action ought not to be dismissed, he may direct the state’s attorney to prosecute said action to judgment, and if the action is continued more than one term of court, any citizen of the county or the state’s attorney may be substituted for the party plaintiff and prosecute said action to judgment.

Terms Used In South Dakota Codified Laws 21-10-14

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Source: SL 1913, ch 123, § 3; RC 1919, § 2080; SDC 1939 & Supp 1960, § 37.4803.