Motion to Dismiss - South Dakota
DEFENDANT'S MOTION TO DISMISS
IN THE CIRCUIT COURT OF THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT, [COUNTY] COUNTY, SOUTH DAKOTA
| Party | Role |
|---|---|
| [PLAINTIFF] | Plaintiff |
| v. | |
| [DEFENDANT] | Defendant |
Case No. [CASE NUMBER]
Defendant [NAME] moves to dismiss [IDENTIFY COMPLAINT OR CLAIMS] under SDCL § 15-6-12(b), on the grounds selected below. The facts, legal authority, and requested relief for each ground are stated in this motion and its supporting papers.
Grounds and memorandum of law
Select only applicable grounds and explain how the pleaded facts and identified authority support each one. A defense of improper venue is addressed by a change of venue under SDCL § 15-5-11, rather than listed among the six SDCL § 15-6-12(b) dismissal grounds.
☐ (1) Subject matter jurisdiction: [FACTS; AUTHORITY; WHY THIS COURT LACKS SUBJECT MATTER JURISDICTION].
☐ (2) Personal jurisdiction: [FACTS; AUTHORITY; WHY THIS COURT LACKS PERSONAL JURISDICTION OVER DEFENDANT].
☐ (3) Insufficiency of process: [SPECIFIC DEFECT IN SUMMONS OR PROCESS; AUTHORITY; EFFECT].
☐ (4) Insufficiency of service of process: [SERVICE FACTS; SPECIFIC DEFECT; AUTHORITY; EFFECT].
☐ (5) Failure to state a claim: [IDENTIFY MISSING ELEMENT OR OTHER DEFECT; EXPLAIN WHY THE COMPLAINT DOES NOT STATE A CLAIM UNDER SDCL § 15-6-8(a)]. If matters outside the pleading are presented and not excluded, SDCL § 15-6-12(b) directs the court to treat this ground as a summary judgment motion and allow the parties a reasonable opportunity to present pertinent material.
☐ (6) Failure to join a party under SDCL § 15-6-19: [IDENTIFY PERSON AND WHY JOINDER IS REQUIRED; AUTHORITY].
Defendant requests [DISMISSAL OF SPECIFIED CLAIMS; WITH OR WITHOUT PREJUDICE AS SUPPORTED; ANY OTHER APPROPRIATE RELIEF]. Supporting exhibits or declarations: [LIST].
Before filing, consider SDCL § 15-6-12(g) and (h): available motion defenses generally must be consolidated, and personal jurisdiction, process, and service defenses can be waived if omitted from the motion and responsive pleading.
DATED: [DATE]
[ATTORNEY OR PARTY SIGNATURE]
[NAME; BAR NUMBER IF APPLICABLE]
[ADDRESS; PHONE; EMAIL]
Notice of hearing
TO: [PARTIES AND COUNSEL]
Defendant's motion will be heard on [DATE] at [TIME] before [JUDGE] at [COURTROOM OR REMOTE HEARING INSTRUCTIONS].
DATED: [DATE]
[SIGNATURE]
Certificate of service
I certify that on [DATE], I served this motion, notice of hearing if used, and attachments on [RECIPIENT OR COUNSEL] by [METHOD], at [ADDRESS OR DESIGNATED ELECTRONIC ADDRESS], in accordance with SDCL § 15-6-5(b).
[SIGNATURE]
PROPOSED ORDER ON MOTION TO DISMISS
IN THE CIRCUIT COURT OF THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT, [COUNTY] COUNTY, SOUTH DAKOTA
| Party | Role |
|---|---|
| [PLAINTIFF] | Plaintiff |
| v. | |
| [DEFENDANT] | Defendant |
Case No. [CASE NUMBER]
The court has considered the motion, any response, the record, and any hearing. It orders:
☐ Motion denied as to [CLAIMS].
☐ Motion granted under SDCL § 15-6-12(b)([GROUND]) as to [CLAIMS], which are dismissed without prejudice for the reasons stated in [FINDINGS].
☐ Motion granted under SDCL § 15-6-12(b)(5) as to [CLAIMS], which are dismissed with prejudice because [FINDINGS SUPPORTING A FINAL MERITS DISPOSITION].
☐ Plaintiff may file an amended pleading by [DATE].
Other directions: [DIRECTIONS]
DATED: [DATE]
[JUDGE SIGNATURE]
Sources and references
About this template
- Last updated
- October 24, 2026
- Citations checked
- October 24, 2026
- Jurisdiction
- South Dakota
- Category
- Litigation & Court Documents
Legal authority
- SDCL § 15-6-12(b)
- SDCL § 15-6-12(g)
- SDCL § 15-6-12(h)
- SDCL § 15-6-7(b)
- SDCL § 15-6-6(d)
- SDCL § 15-6-8(a)
- SDCL § 15-6-5(b)
- SDCL § 15-5-11 (change of venue)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 24, 2026.
SDCL § 15-6-4(a) (checked October 24, 2026): "The summons shall be legibly subscribed by the plaintiff or his attorney and shall include the subscriber's address. It shall be directed to the defendant, and shall require him to answer the complaint and serve a copy of his answer on the subscriber at the subscriber's address within thirty days after the service of the summons, exclusive of the day of service"
SDCL § 15-5-6 (checked October 24, 2026): "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."
SDCL § 15-5-8 (checked October 24, 2026): "Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose."
SDCL § 15-6-12(b) (checked October 24, 2026): "A motion making any of these defenses shall be made before pleading if a further pleading is permitted."
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