In all other cases, except as provided in §  15-5-7 , 15-5-8 , or 15-5-8.1 , the action shall be tried in the county in which the defendant or defendants, or any of them, shall reside at the commencement of the action. However, if none of the defendants reside in the state, the action may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the court to change the place of trial in the cases provided by statute. In the second event, the jurors’ fees and mileage payments shall be paid by the parties in such proportions as the court may order. If the parties stipulate to a venue which is not specified in §§  15-5-1 to 15-5-5 , inclusive, the first sentence of this section, §  15-5-7 , 15-5-8 , or 15-5-8.1 , the stipulation must be approved by a court order which also provides for the payment of jurors’ fees and mileage payments by the parties.

Terms Used In South Dakota Codified Laws 15-5-6

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.

Source: SDC 1939 & Supp 1960, § 33.0304; SL 1976, ch 146; SL 1985, ch 158; SL 2016, ch 110, § 2.