Motion to Dismiss - South Dakota

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

STATE OF SOUTH DAKOTA

[____________________] COUNTY

Case No.: CIV. No. [____________________]

DEFENDANT'S MOTION TO DISMISS

DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT

Pursuant to SDCL § 15-6-12(b)

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to SDCL § 15-6-12(b) to dismiss Plaintiff's Complaint, in whole or in part, for the grounds set forth in the accompanying Memorandum of Law. In support of this Motion, Defendant states as follows:

I. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply).

☐ § 15-6-12(b)(1): Lack of Jurisdiction Over the Subject Matter
This Court lacks jurisdiction over the subject matter of this action.

☐ § 15-6-12(b)(2): Lack of Jurisdiction Over the Person
This Court lacks personal jurisdiction over Defendant.

☐ § 15-6-12(b)(3): Insufficiency of Process
The process issued in this action is insufficient.

☐ § 15-6-12(b)(4): Insufficiency of Service of Process
Service of process upon Defendant was insufficient.

☐ § 15-6-12(b)(5): Failure to State a Claim Upon Which Relief Can Be Granted
The Complaint fails to state a claim upon which relief can be granted.

☐ § 15-6-12(b)(6): Failure to Join a Required Party
Plaintiff has failed to join a party required under SDCL § 15-6-19.

☐ Improper Venue (SDCL ch. 15-5)
Venue is improper in this Court.

II. STATEMENT OF THE CASE

On or about [__/__/____], Plaintiff filed a Complaint in this Court asserting claims of [________________________________] against Defendant. Plaintiff's Complaint purports to allege [________________________________].

Defendant was served on [__/__/____]. South Dakota requires Defendant to answer within 30 days of service of the summons and complaint. SDCL § 15-6-12(a). This Motion is timely filed.

III. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

A. South Dakota Pleading Standard

South Dakota is a notice pleading state. Under SDCL § 15-6-8(a)(1), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." South Dakota's pleading standard mirrors the federal notice pleading standard.

B. Standard for a § 15-6-12(b)(5) Motion

A motion to dismiss under SDCL § 15-6-12(b)(5) tests the legal sufficiency of the pleading, not the facts which support it. Guthmiller v. Deloitte & Touche, LLP, 2005 SD 77, ¶ 4, 699 N.W.2d 493, 496. For purposes of the motion, the court must:

1. Treat as true all facts properly pleaded in the complaint;
2. Resolve all doubts in favor of the pleader; and
3. Determine whether there is any valid theory upon which the plaintiff can recover.

Id. A complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief, and the motion is viewed with disfavor and seldom prevails. Pleadings should not be dismissed merely because the court entertains doubts as to whether the pleader will prevail in the action. Thompson v. Summers, 1997 SD 103, ¶¶ 5, 7, 567 N.W.2d 387, 390.

C. Conversion to Summary Judgment

Under SDCL § 15-6-12(b), if matters outside the pleading are presented to and not excluded by the Court on a § 15-6-12(b)(5) motion (failure to state a claim), the motion shall be treated as one for summary judgment under SDCL § 15-6-56, and all parties shall be given a reasonable opportunity to present all pertinent material.

IV. ARGUMENT

A. This Court Lacks Subject Matter Jurisdiction — SDCL § 15-6-12(b)(1)

(Complete this section if Ground 1 is checked)

The South Dakota Circuit Courts have broad general civil jurisdiction under SDCL § 16-6-9, but certain matters fall outside their authority.

This Court lacks subject matter jurisdiction because:

☐ The claim involves a federal question within the exclusive jurisdiction of the federal courts.

☐ The South Dakota Department of Labor and Regulation has jurisdiction over this workers' compensation claim in the first instance under SDCL ch. 62-7 (see SDCL § 62-7-12).

☐ The South Dakota Public Utilities Commission has jurisdiction over this matter under SDCL ch. 49-34A.

☐ Plaintiff has failed to exhaust mandatory administrative remedies required by [________________________________].

☐ The South Dakota [________________________________] has exclusive original jurisdiction under SDCL § [________________________________].

☐ Other: [________________________________].

Specific facts supporting this ground:

[________________________________]

Subject matter jurisdiction cannot be waived and may be raised at any time.

B. This Court Lacks Personal Jurisdiction — SDCL § 15-6-12(b)(2)

(Complete this section if Ground 2 is checked)

South Dakota's long-arm statute, SDCL § 15-7-2, enumerates the acts within the state that subject a person to the jurisdiction of South Dakota courts (e.g., transacting business in the state, committing a tort resulting in accrual of a cause of action in the state, or owning or using property in the state), subject to the "sufficient minimum contacts" required by due process. SDCL § 15-7-3 authorizes service of process on persons subject to § 15-7-2 outside the state, with the same force and effect as service within the state.

South Dakota courts recognize both general and specific personal jurisdiction. General jurisdiction exists when a defendant's contacts with South Dakota are so continuous and systematic as to render it essentially at home in the state. Specific jurisdiction exists when the claim arises out of or relates to the defendant's purposeful contacts with South Dakota.

Defendant lacks the required contacts with South Dakota because:

☐ Defendant is not incorporated in South Dakota and does not have its principal place of business in South Dakota. Therefore, Defendant is not subject to general jurisdiction in South Dakota.

☐ Defendant has not purposefully directed its activities toward South Dakota, has not transacted business in South Dakota, and has not contracted to provide services or goods in South Dakota.

☐ The claims asserted do not arise out of or relate to any activity of Defendant in or directed to South Dakota.

☐ Exercising jurisdiction over Defendant would not comport with fair play and substantial justice under the Fourteenth Amendment.

☐ Defendant does not fall within any enumerated basis for long-arm jurisdiction under SDCL § 15-7-2 because: [________________________________].

Supporting Facts:

Defendant [________________________________] is a [________________________________] organized under the laws of [________________________________] with its principal place of business at [________________________________]. Defendant [________________________________]. See Declaration of [________________________________], attached hereto as Exhibit A.

C. Venue Is Improper — SDCL ch. 15-5

(Complete this section if the Venue ground is checked. Note: improper venue is not a ground enumerated in SDCL § 15-6-12(b); it is governed separately under SDCL ch. 15-5)

South Dakota venue rules are found at SDCL § 15-5-1 et seq.

Under SDCL § 15-5-6, most transitory actions (including general contract and tort claims) must be tried in the county where the defendant resides at the commencement of the action. Under SDCL § 15-5-8, an action for the recovery of damages to persons or property may, at the plaintiff's option, be brought in the county where the damages were inflicted or the cause of action arose. (Certain insurance, indemnity, and surety-bond actions have their own venue rules under SDCL §§ 15-5-3 to 15-5-5; SDCL § 15-5-1 governs only subject-matter venue for real-property actions.)

Venue is improper in [____________________] County because:

☐ Defendant does not reside or have its principal place of business in [____________________] County.

☐ The cause of action did not arise in [____________________] County.

☐ The contract was to be performed in [____________________] County, not [____________________] County.

☐ The real property at issue is located in [____________________] County. SDCL § 15-5-3.

☐ Other: [________________________________].

Venue is proper in [____________________] County because: [________________________________].

D. Process Was Insufficient — SDCL § 15-6-12(b)(3)

(Complete this section if Ground 4 is checked)

Under SDCL § 15-6-4(b), the summons must be signed by the clerk, bear the seal of the court, identify the court and parties, state the time within which the defendant must appear, and notify the defendant of the consequences of failing to appear.

The summons in this case is deficient because:

☐ The summons was not signed by the clerk of court.

☐ The summons does not bear the seal of the Court.

☐ The summons fails to identify the parties or the Court.

☐ The summons does not state the response deadline.

☐ Other deficiency: [________________________________].

E. Service of Process Was Insufficient — SDCL § 15-6-12(b)(4)

(Complete this section if Ground 5 is checked)

South Dakota requires strict compliance with service of process requirements under SDCL § 15-6-4 and § 15-7-3. Proper service is a prerequisite to this Court's exercise of personal jurisdiction over Defendant.

Service upon Defendant was deficient because:

☐ Service upon an individual was not made by personal service upon the defendant, or at their dwelling or usual place of abode upon a person of suitable age and discretion, or upon an authorized agent. SDCL § 15-6-4(d)(1).

☐ Service upon a corporation was not made upon an officer, managing or general agent, or a registered agent. SDCL § 15-6-4(d)(3).

☐ Service upon the state or a governmental entity was not properly made under SDCL § 15-6-4(d)(5)-(6).

☐ Service was not made with reasonable diligence following commencement of the action, as required under South Dakota law governing service of process, SDCL § 15-6-4.

☐ The person who made service was not qualified or authorized under SDCL § 15-6-4(c).

☐ Service outside the state was not properly effected under SDCL § 15-7-3.

☐ Other deficiency: [________________________________].

Supporting Facts:

[________________________________]

F. The Complaint Fails to State a Claim — SDCL § 15-6-12(b)(5)

(Complete this section if Ground 6 is checked)

Even assuming all facts in the Complaint to be true and resolving all doubts in Plaintiff's favor, the Complaint fails to state a claim upon which relief can be granted.

The Complaint fails to state a claim because:

Specific Deficiencies:

Count [____] — [________________________________] — Fails to State a Claim

To state a claim for [________________________________] under South Dakota law, Plaintiff must allege: (1) [________________________________]; (2) [________________________________]; (3) [________________________________]; and (4) [________________________________]. See [________________________________].

The Complaint fails as to this Count because:

Deficiency No. 1: Plaintiff alleges "[________________________________]" (Compl. ¶ [____]) but fails to allege facts establishing [________________________________]. This is a legal conclusion without factual support, which is insufficient even under South Dakota's notice pleading standard.

Deficiency No. 2: The Complaint fails entirely to allege [________________________________], which is an essential element of the claim. The absence of any allegation of [________________________________] renders the claim legally insufficient.

Deficiency No. 3 (if applicable): [________________________________].

Count [____] — [________________________________] — Fails to State a Claim

(Repeat as necessary for each count)

[________________________________]

Statute of Limitations

☐ The Complaint on its face establishes that the claims are time-barred under the applicable statute of limitations.

The applicable statute of limitations is:

☐ SDCL § 15-2-13(1) — 6 years (contract, express or implied, written or oral)
☐ SDCL § 15-2-13(2) — 6 years (liability created by statute, other than a penalty or forfeiture)
☐ SDCL § 15-2-14(3) — 3 years (personal injury / negligence)
☐ SDCL § 15-2-13(6) — 6 years (fraud cognizable in equity)
☐ SDCL § 15-2-15 — 2 years (libel, slander, assault, battery, false imprisonment)
☐ SDCL § 15-2-14.1 — 2 years (medical malpractice)
☐ Other: [________________________________]

The cause of action accrued on [__/__/____] when [________________________________]. The Complaint was filed on [__/__/____], which is [________________________________] after the limitations period expired. The face of the Complaint establishes this untimeliness because: [________________________________].

South Dakota employs an "accrual rule" under which the statute of limitations generally begins to run from the time the cause of action accrues, not from the time of discovery, unless a discovery rule specifically applies. Alberts v. Giebink, 299 N.W.2d 454, 455-56 (S.D. 1980).

G. Failure to Join a Required Party — SDCL § 15-6-12(b)(6)

(Complete this section if Ground 7 is checked)

SDCL § 15-6-19 governs required joinder of parties. A person shall be joined in the action if:

(1) In that person's absence, complete relief cannot be accorded among those already parties; or

(2) That person claims an interest relating to the subject of the action and is so situated that the disposition of the action in their absence may impair that interest or leave existing parties subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations.

The following person has not been joined but must be joined:

Name: [________________________________]
Relationship to Action: [________________________________]
Reason Joinder Is Required: [________________________________]

Feasibility of Joinder:
☐ Joinder is feasible. Plaintiff should be required to join [________________________________].
☐ Joinder is not feasible because: [________________________________]. In equity and good conscience, the action cannot proceed without [________________________________] and must be dismissed.

V. UNIFIED JUDICIAL SYSTEM E-FILING INFORMATION

This Motion is filed in compliance with the South Dakota Unified Judicial System (UJS) electronic filing requirements.

UJS Case Number: [________________________________]

South Dakota circuit courts use the UJS eFiling Portal at eservices.sd.gov. Attorneys registered with the UJS eFiling system are subject to electronic service. Under South Dakota's e-filing rules, documents filed electronically are served on registered users through the system.

Oral Argument:

☐ Defendant requests oral argument on this Motion.
☐ Defendant waives oral argument and submits on the brief.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] respectfully requests that this Court:

1. GRANT this Motion to Dismiss in its entirety;

2. DISMISS Plaintiff's Complaint with prejudice as to all counts and claims asserted therein;

— OR, in the alternative —

3. DISMISS the following specific counts without prejudice:
   Count(s) [________________________________] for the following reasons: [________________________________];

4. ☐ DISMISS with prejudice the claims that are barred by the applicable statute of limitations;

5. ☐ TRANSFER venue to [____________________] County in lieu of dismissal;

6. ☐ REQUIRE Plaintiff to join [________________________________] as a required party;

7. AWARD Defendant its costs and reasonable attorneys' fees to the extent authorized by law; and

8. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

Attorney Name: [________________________________]
South Dakota State Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
[________________________________]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]

Attorney for Defendant [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Motion to Dismiss was served upon all counsel of record by the method(s) indicated:

Counsel for Plaintiff:

Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
[________________________________]
Email: [________________________________]

Method of Service:

☐ Electronic service through the South Dakota UJS eFiling Portal (eservices.sd.gov)
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Email (with consent)
☐ Overnight courier

[________________________________]
Certifying Attorney

EXHIBIT LIST

☐ Exhibit A — Declaration of [________________________________] (personal jurisdiction)
☐ Exhibit B — [________________________________]
☐ Exhibit C — [________________________________]

SOURCES AND REFERENCES

• South Dakota Codified Laws Title 15, Chapter 6 — Rules of Procedure: https://law.justia.com/codes/south-dakota/title-15/chapter-06/
• SDCL § 15-6-12 (Defenses and Objections): https://sdlegislature.gov/Statutes/15-6
• SDCL ch. 15-7 (Jurisdiction of Persons; Long-Arm Statute): https://sdlegislature.gov/Statutes/15-7
• SDCL § 15-2-1 et seq. (Statutes of Limitation): https://sdlegislature.gov/Statutes/15-2
• South Dakota Unified Judicial System: https://ujs.sd.gov
• South Dakota UJS eFiling: https://eservices.sd.gov
• South Dakota Legislature official statutes: https://sdlegislature.gov

Note: South Dakota's answer deadline is 30 days after service of the summons and complaint under SDCL § 15-6-12(a). SDCL § 15-6-12(b) enumerates only six defenses that may be raised by motion — lack of subject matter jurisdiction, lack of personal jurisdiction, insufficiency of process, insufficiency of service of process, failure to state a claim, and failure to join a required party under § 15-6-19 — and its numbering does not track the federal FRCP 12(b) scheme. Improper venue is not a § 15-6-12(b) ground; it is raised separately under SDCL ch. 15-5. SDCL § 15-6-12(h) provides that defenses of personal jurisdiction, insufficiency of process, and insufficiency of service of process are waived if not raised in the first responsive pleading or a pre-answer motion. Lack of subject matter jurisdiction may be raised at any time. South Dakota has 7 judicial circuits. The South Dakota Supreme Court has established procedural rules through SDCL Title 15 that govern all circuit court practice. Certain South Dakota circuit courts may have local administrative rules — confirm local requirements before filing.