Motion for Leave to Amend in South Dakota

What Is a Motion for Leave to Amend?

“A trial court may permit the amendment of pleadings before, during, and after trial without the adverse party's consent.” (Kjerstad v. Ravellette Publications, Inc., 517 N.W.2d 419, 423 [S.D. 1994] citing Tesch v. Tesch,399 N.W.2d 880, 882 [S.D. 1987].)

“SDCL 15-6-15(a) states that ‘[L]eave [to amend] shall be freely given when justice so requires.’ A motion to amend is addressed to the sound discretion of the trial court and will not be disturbed absent a clear abuse of discretion which results in prejudice to the non-moving party.” (Kjerstad v. Ravellette Publications, Inc., 517 N.W.2d 419, 423 [S.D. 1994] quoting SDCL 15-6-15(a).)

Points of Inquiry for Courts to Consider

“Before a court allows a complaint to be amended, it must determine whether the opposing party will be prejudiced by the amendment; i.e., did he or she have a fair opportunity to litigate the issue, and could he or she have offered any additional evidence if the case had been tried on a different issue.” (Bucher v. Steley 297 N.W.2d 802 [S.D. 1980]; SDCL 15-6-15 citing Beyer v. Cordell 420 N.W.2d 767 [S.D. 1988].)

Timing of a Motion to Amend Complaint

“A trial court may permit the amendment of pleadings before, during, and after trial without the adverse party's consent.” (Isakson v. Parris, 526 N.W.2d 733, 735 [S.D. 1995] citing Tesch v. Tesch, 399 N.W.2d 880, 882 [S.D. 1987].)

Dockets for Motion for Leave to Amend in South Dakota

Filed

Apr 29, 2024

Status

Non-Jury Verdict

Court

Fall River County

County

Fall River County, SD

Filed

Apr 24, 2024

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Apr 19, 2024

Status

Active

Court

Lincoln County

County

Lincoln County, SD

Filed

Apr 17, 2024

Status

Active

Court

Clay County

County

Clay County, SD

Filed

Apr 10, 2024

Status

Active

Court

McCook County

County

Mccook County, SD

Practice Area

Family

Matter Type

Paternity

Filed

Apr 04, 2024

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Apr 02, 2024

Status

Active

Court

Union County

County

Union County, SD

Practice Area

Family

Matter Type

Paternity

Filed

Mar 27, 2024

Status

Non-Jury Verdict

Court

Hughes County

County

Hughes County, SD

Filed

Mar 20, 2024

Status

Active

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Mar 20, 2024

Status

Active

Court

Lincoln County

County

Lincoln County, SD

Practice Area

Family

Matter Type

Paternity

Filed

Mar 15, 2024

Status

Active

Court

Minnehaha County

County

Minnehaha County, SD

Practice Area

Family

Matter Type

Paternity

Filed

Mar 15, 2024

Status

Terminated

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Mar 11, 2024

Status

Active

Court

Hamlin County

County

Hamlin County, SD

Filed

Mar 07, 2024

Status

Judgment (Other)

Court

Moody County

County

Moody County, SD

Filed

Mar 07, 2024

Status

Active

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Mar 06, 2024

Status

Terminated

Court

Lake County

County

Lake County, SD

Filed

Mar 04, 2024

Status

Active

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Mar 01, 2024

Status

Judgment (Other)

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Feb 29, 2024

Status

Judgment (Other)

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Feb 28, 2024

Status

Terminated

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Feb 27, 2024

Status

Active

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Feb 06, 2024

Status

Active

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Feb 01, 2024

Status

Active

Court

Lincoln County

County

Lincoln County, SD

Filed

Jan 23, 2024

Status

Active

Court

Butte County

County

Butte County, SD

Filed

Jan 23, 2024

Status

Terminated

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Jan 23, 2024

Status

Terminated

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Jan 23, 2024

Status

Non-Jury Verdict

Court

Lake County

County

Lake County, SD

Filed

Jan 18, 2024

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Jan 18, 2024

Status

Terminated

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Jan 18, 2024

Status

Terminated

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Jan 18, 2024

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Jan 15, 2024

Status

Active

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Jan 10, 2024

Status

Terminated

Court

Yankton County

County

Yankton County, SD

Filed

Jan 10, 2024

Status

Active

Court

Charles Mix County

County

Charles Mix County, SD

Filed

Jan 03, 2024

Status

Active

Court

Lawrence County

County

Lawrence County, SD

Filed

Dec 05, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Dec 05, 2023

Status

Non-Jury Verdict

Court

Codington County

County

Codington County, SD

Filed

Dec 05, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Dec 04, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Nov 17, 2023

Status

Judgment (Other)

Court

Douglas County

County

Douglas County, SD

Filed

Nov 17, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Nov 08, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Nov 06, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Nov 02, 2023

Status

Active

Court

Codington County

County

Codington County, SD

Filed

Oct 30, 2023

Status

Terminated

Court

Brown County

County

Brown County, SD

Filed

Oct 27, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Oct 19, 2023

Status

Active

Court

Codington County

County

Codington County, SD

Filed

Oct 18, 2023

Status

Active

Court

Day County

County

Day County, SD

Filed

Oct 05, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Oct 03, 2023

Status

Active

Court

Lincoln County

County

Lincoln County, SD

Filed

Oct 03, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Oct 02, 2023

Status

Active

Court

Codington County

County

Codington County, SD

Filed

Sep 28, 2023

Status

Terminated

Court

Todd County

County

Todd County, SD

Filed

Sep 21, 2023

Status

Active

Court

Deuel County

County

Deuel County, SD

Filed

Sep 18, 2023

Status

Terminated

Court

Lawrence County

County

Lawrence County, SD

Filed

Sep 15, 2023

Status

Terminated

Court

Brown County

County

Brown County, SD

Filed

Sep 15, 2023

Status

Active

Court

Brown County

County

Brown County, SD

Filed

Sep 07, 2023

Status

Judgment (Other)

Court

Codington County

County

Codington County, SD

Filed

Sep 05, 2023

Status

Active

Court

Marshall County

County

Marshall County, SD

Filed

Aug 30, 2023

Status

Judgment (Other)

Court

Kingsbury County

County

Kingsbury County, SD

Filed

Aug 16, 2023

Status

Active

Court

Deuel County

County

Deuel County, SD

Filed

Aug 12, 2023

Status

Active

Court

Day County

County

Day County, SD

Filed

Aug 07, 2023

Status

Active

Court

Douglas County

County

Douglas County, SD

Filed

Aug 07, 2023

Status

Active

Court

Clark County

County

Clark County, SD

Filed

Aug 04, 2023

Status

Active

Court

Deuel County

County

Deuel County, SD

Filed

Aug 04, 2023

Status

Active

Court

Deuel County

County

Deuel County, SD

Filed

Jul 24, 2023

Status

Terminated

Court

Clay County

County

Clay County, SD

Practice Area

Property

Matter Type

Foreclosure

Filed

Jul 12, 2023

Status

Judgment (Other)

Court

Brookings County

County

Brookings County, SD

Filed

Jul 12, 2023

Status

Terminated

Court

Deuel County

County

Deuel County, SD

Filed

Jul 10, 2023

Status

Terminated

Court

Minnehaha County

County

Minnehaha County, SD

Filed

Jun 28, 2023

Status

Dismissal

Court

Day County

County

Day County, SD

Filed

Jun 28, 2023

Status

Active

Court

Clay County

County

Clay County, SD

Practice Area

Family

Matter Type

Paternity

Filed

Jun 28, 2023

Status

Terminated

Court

Clay County

County

Clay County, SD

Filed

Jun 27, 2023

Status

Terminated

Court

Dewey County

County

Dewey County, SD

Filed

Jun 26, 2023

Status

Terminated

Court

Potter County

County

Potter County, SD

Filed

Jun 23, 2023

Status

Other

Court

Edmunds County

County

Edmunds County, SD

Filed

Jun 20, 2023

Status

Active

Court

Walworth County

County

Walworth County, SD

Practice Area

Property

Matter Type

Foreclosure

Filed

Jun 14, 2023

Status

Active

Court

Clay County

County

Clay County, SD

Filed

Jun 09, 2023

Status

Terminated

Court

Brookings County

County

Brookings County, SD

Filed

Jun 01, 2023

Status

Active

Court

Aurora County

County

Aurora County, SD

Practice Area

Family

Matter Type

Paternity

Filed

May 31, 2023

Status

Other

Court

Edmunds County

County

Edmunds County, SD

Filed

May 26, 2023

Status

Non-Jury Verdict

Court

Bon Homme County

County

Bon Homme County, SD

Filed

May 24, 2023

Status

Active

Court

Brookings County

County

Brookings County, SD

Filed

May 23, 2023

Status

Judgment (Other)

Court

Marshall County

County

Marshall County, SD

Filed

May 18, 2023

Status

Active

Court

Deuel County

County

Deuel County, SD

Filed

May 10, 2023

Status

Dismissal

Court

Brookings County

County

Brookings County, SD

Filed

May 03, 2023

Status

Terminated

Court

Clay County

County

Clay County, SD

Filed

May 02, 2023

Status

Terminated

Court

Clay County

County

Clay County, SD

Filed

May 01, 2023

Status

Active

Court

Brookings County

County

Brookings County, SD

Filed

Apr 28, 2023

Status

Terminated

Court

Clay County

County

Clay County, SD

Filed

Apr 26, 2023

Status

Active

Court

Marshall County

County

Marshall County, SD

Filed

Apr 21, 2023

Status

Terminated

Court

Clark County

County

Clark County, SD

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