STATE COURT ANSWER – GENERAL DENIAL

(South Dakota)

[// GUIDANCE: This template is drafted to comply with the South Dakota Rules of Civil Procedure (“SDRCivP”) and is intended for use in any South Dakota Circuit Court. Practitioners must tailor all bracketed text, confirm caption accuracy, and ensure service in conformity with local Circuit Court rules.]

I. DOCUMENT HEADER

STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF [COUNTY] [___] JUDICIAL CIRCUIT

[PLAINTIFF NAME], ) Case No. [__]
Plaintiff, )
)
v. ) ANSWER AND GENERAL DENIAL
)
[DEFENDANT NAME], )
Defendant. )
Date Filed: [MONTH] [DAY], [YEAR]
Counsel for Defendant: [LAW FIRM NAME, ADDRESS, PHONE, EMAIL, BAR NO.]

II. PRELIMINARY STATEMENTS

1. Timeliness. This Answer is served and filed within thirty (30) days of service of the Summons and Complaint, as required by S.D. Codified Laws § 15-6-12(a).

2. Paragraph-Numbering Convention. For ease of reference, each numbered paragraph below corresponds to the identically numbered paragraph in Plaintiff’s Complaint. Any heading, sub-heading, or labeling used by Plaintiff is adopted solely for identification purposes and not as an admission of legal effect.

3. General Denial. Pursuant to S.D. Codified Laws § 15-6-8(b), Defendant denies each and every allegation not expressly admitted herein.

[// GUIDANCE: If the Complaint contains exhibits, incorporate a statement admitting or denying authenticity and/or contents as appropriate.]

III. RESPONSES TO NUMBERED ALLEGATIONS

[// GUIDANCE: Copy each allegation verbatim or paraphrase concisely, then provide one of the standard responses below.]

1. Paragraph 1: Defendant admits that ____. Defendant denies the remaining allegations contained in Paragraph 1.

2. Paragraph 2: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 2 and therefore denies them.

3. Paragraph 3: Denied.

…continue until all paragraphs are addressed…

IV. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not otherwise imposed by law, and expressly reserving the right to amend pursuant to S.D. Codified Laws § 15-6-15(a), Defendant asserts the following affirmative defenses under S.D. Codified Laws § 15-6-8(c):

1. Failure to State a Claim.
2. Lack of Standing.
3. Lack of Subject-Matter Jurisdiction / Personal Jurisdiction.
4. Statute of Limitations.
5. Comparative Fault / Contributory Negligence of Plaintiff.
6. Assumption of Risk.
7. Waiver.
8. Estoppel.
9. Accord and Satisfaction.
10. Payment.
11. Release.
12. Laches.
13. Fraud.
14. Illegality.
15. Statute of Frauds.
16. Failure of Consideration.
17. Setoff and Recoupment.
18. Unclean Hands.
19. Reservation of Additional Defenses.
    [// GUIDANCE: Insert “catch-all” language—e.g., “Defendant reserves the right to assert any additional affirmative defenses discovered during the course of this action.”]

V. COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS (IF ANY)

[// GUIDANCE: If Defendant has compulsory counterclaims under S.D. Codified Laws § 15-6-13(a) or permissive counterclaims under § 15-6-13(b), set them out below in numbered paragraphs, complete with jurisdictional basis, factual allegations, and prayer for relief. Omit this section if no such claims are asserted.]

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss Plaintiff’s Complaint in its entirety with prejudice;
B. Enter judgment in favor of Defendant and against Plaintiff;
C. Award Defendant its costs, disbursements, and such other and further relief as the Court deems just and proper.

VII. DEMAND FOR JURY TRIAL (IF APPLICABLE)

[// GUIDANCE: Include only if a jury demand is desired and was not previously waived.]
Defendant hereby demands a trial by jury of all issues so triable.

VIII. VERIFICATION (OPTIONAL / IF REQUIRED)

[// GUIDANCE: South Dakota generally does not require verification of pleadings unless specifically mandated by statute or rule. Insert only if verification is necessary.]

IX. SIGNATURE BLOCK

Dated: [_]

Respectfully submitted,

[LAW FIRM NAME]

By: ______
[ATTORNEY NAME], Esq.
Attorney for Defendant
SD Bar No. [_____]
[ADDRESS]
[PHONE]
[EMAIL]

X. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I electronically filed and/or served a true and correct copy of the foregoing Answer and General Denial upon:

[Opposing Counsel Name]
[Law Firm]
[Address]
[Email] (if agreed or required)
by [method of service: SD E-Filing System / U.S. Mail / Hand Delivery / Email (with consent), etc.] in compliance with S.D. Codified Laws § 15-6-5.

[ATTORNEY NAME]

APPENDIX – QUICK-REFERENCE CHECKLIST

[// GUIDANCE: The checklist below is for attorney use only and should be removed before filing.]

• Confirm correct judicial circuit and county.
• Confirm caption matches Complaint caption exactly (party names, case number).
• Confirm answer deadline (30 days) has not lapsed; obtain stipulation or court order if extension is needed.
• Review Complaint for any verified allegations or special pleading requirements (e.g., fraud, mistake).
• Ensure all potential compulsory counterclaims are asserted (SDCL § 15-6-13(a)).
• Serve Answer in compliance with SDCL § 15-6-5; retain proof of service.
• Evaluate need for Rule 11 certifications.
• Calendar discovery deadlines and scheduling order requirements.

© [YEAR] [LEGAL DRAFTER / FIRM]. All rights reserved. This template is provided solely for use by qualified legal counsel and must be reviewed for accuracy, completeness, and conformity with current South Dakota law before filing.