Motion for Summary Judgment/Partial Summary Judgment in South Dakota

“South Dakota courts may grant summary judgment [and partial summary judgment] when, viewing the evidence in the light most favorable to the nonmoving party, the moving party clearly shows that there is not an issue of material fact present.” (North Star Mut. Ins. Co. v. Kneen, 484 N.W.2d 908, 910 [S.D. 1992] citing Wilson v. Great N. Ry. Co.,83 S.D. 207, 212, 157 N.W.2d 19, 21 [1968].)

Requirements for Summary Judgment

“Summary judgement is authorized ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law.’” (Dakota Pork Industries v. City of Huron, 638 N.W.2d 884, 885 [S.D. 2002] quoting Kimball Inv. Land, LTD v. Chmela, 2000 SD 6, ¶ 7, 604 N.W.2d 289, 292 [internal citations omitted].)

“[Appellate Courts] will affirm only when there are no genuine issues of material fact and the legal questions have been correctly decided. All reasonable inferences drawn from the facts must be viewed in favor of the non-moving party.” (Id.)

Burdens of Proof & Legal vs. Factual Issues

“The burden is on the moving party to clearly show an absence of any genuine issue of material fact and an entitlement to judgment as a matter of law. Cases involving the interpretation of written documents are particularly appropriate for disposition by summary judgment, such interpretation being a legal issue rather than a factual one.” (Id.)

“In resisting the motion, the non-moving party must present specific facts that show a genuine issue of fact does exist.” (Williams v. Vandeberg, 620 N.W.2d 187, 189 [S.D. 2000] citing Ruane v. Murray, 380 N.W.2d 362 [SD 1986].) Mere allegations that are devoid of specific facts will not prevent the issuance of summary judgment. (Id., citing Western Cas. Sur. Co. v. Gridley, 362 N.W.2d 100 [SD 1985].)

“If no issue of material fact exists, then any legal questions may be decided by summary judgment. [Internal citation omitted.] When determining whether a genuine issue of material fact exists, the evidence must be viewed most favorably to the non-moving party and reasonable doubts are to be resolved against the moving party.” (Williams v. Vandeberg, 620 N.W.2d 187, 189 [S.D. 2000] quoting Groseth Int'l, Inc. v. Tenneco, Inc., 410 N.W.2d 159 [SD 1987].)

“While this Court has always adhered to the notion that ‘summary judgement is an extreme remedy,’ it should be awarded when there is an absence of material fact at issue and ‘the truth is clear.’” (Williams v. Vandeberg, 620 N.W.2d 187, 189 [S.D. 2000] quoting State of South Dakota, Dep. of Rev. v. Thiewes, 448 N.W.2d 1, 2 [SD 1989].)