Motion to Dismiss For Lack of Personal Jurisdiction in South Dakota

What Is a Motion to Dismiss For Lack of Personal Jurisdiction?

“Personal jurisdiction and insufficient service of process are defenses that may be waived. SDCL 15-6-12(h)(1) provides that the defenses are waived if they are not included in a motion under the circumstances provided in SDCL 15-6-12(g) or in a responsive pleading (in this case, the answer)”.(Grajczyk v. Tasca, 717 N.W.2d 624, 627-28 [S.D. 2006].)

Indeed, “SDCL 15-6-12(h)(1) provides:

‘A defense of lack of jurisdiction over the person, insufficiency of process, or insufficiency of service of process is waived (A) if omitted from a motion in the circumstances described in § 15-6-12(g), or (B) if it is neither made by motion under § 15-6-12 nor included in a responsive pleading or an amendment thereof permitted by § 15-6-15(a) to be made as a matter of course.’” (Grajczyk v. Tasca, 717 N.W.2d 624, 628 n.6 [S.D. 2006] quoting SDCL 15-6-12(h)(1).)

Personal Jurisdiction of Non-Residents in South Dakota

“A South Dakota court's authority to assert personal jurisdiction over a nonresident defendant implicates two inquiries-whether jurisdiction exists under our Long Arm Statute, SDCL 15-7-2, and if it does, ‘whether the proposed assertion of jurisdiction comports with federal due process requirements[.]’“ (Engel v. Geary, 2023 S.D. 69, 12 [S.D. 2023][internal citations omitted].) “The due process inquiry examines whether the nonresident defendant has ‘sufficient minimum contacts with South Dakota to conclude that the assertion of jurisdiction does not offend traditional notions of fair play and substantial justice. (Id.)’”

Raising Lack of Personal Jurisdiction Defense by Motion

“If the defenses are raised by motion, SDCL 15-6-12(g) requires that they be consolidated. The effect of these statutes is that objections to personal jurisdiction and ‘insufficiency of service of process are waived unless the objections are raised in the answer or by . . . motion before the filing of a responsive pleading.’” (Grajczyk v. Tasca, 717 N.W.2d 624, 627-28 [S.D. 2006] quoting Photolab Corp. v. Simplex Specialty Co., 806 F.2d 807, 810 [8thCir. 1986] [citation omitted].) “Stated in other words, ‘[i]f [a defendant] wishes to raise any of these defenses, that must be done at the time the first significant defensive move is made — whether it be by way of a Rule 12 motion or a responsive pleading.’” (Grajczyk v. Tasca, 717 N.W.2d 624, 627-28 [S.D. 2006] quoting 5C Charles A. Wright Arthur R. Miller, Federal Practice and Procedure § 1391, at 515 [3d ed 2004].)

Personal Jurisdiction in Divorce Actions

“For the circuit court to have personal jurisdiction in a divorce action, the plaintiff must be, at the time the divorce action is commenced, either a resident of this state or stationed in this state as a member of the armed services. (SDCL 25-4-30.) For the circuit court to enter a decree or judgment of divorce, the plaintiffs residence or military presence must be maintained until the decree is entered.” (Parsley v. Parsley, 734 N.W.2d 813, 818 [S.D. 2007] citing id.)

Dockets for Motion to Dismiss For Lack of Personal Jurisdiction in South Dakota

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AAA COLLECTIONS INC vs. KELLI LYN HOYLE, BROCK JAMES HOYLE

Filed

Apr 19, 2024

Status

Dismissal

Court

Edmunds County

County

Edmunds County, SD

Case #