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South Dakota statute

SDCL § 23A-41-4 — (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 41: (Rule 45) Time Allowed, South Dakota Codified Laws.

Full text of SDCL § 23A-41-4

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-41-4Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time.

Official sources

This reference is informational and is not legal advice.