South Dakota Simple Motion Requesting Additional Time to Respond to a Civil Complaint

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Multi-State
Control #:
US-00832BG
Format:
Word; 
Rich Text
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Description

Time limits for pleading are regulated to a large extent by specific statute or rule in each jurisdiction. Generally, time extensions for serving or filing a pleading may be allowed by the court or provided for by stipulation of the parties. A large discretion is vested in the trial court with respect to time extensions on such terms as appear reasonable under the circumstances. If a defendant's motion is overruled, generally the defendant is entitled to file an answer even though the statutory period for answering has expired.

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FAQ

After such service of the complaint, the defendant has thirty days to answer or otherwise proceed against the complaint.

A total of have 13 states have Bad Samaritan laws; California, Washington, Alaska, Massachusetts, Rhode Island, Florida, Vermont, Wisconsin, Hawaii, Colorado, Ohio, Texas, and Minnesota.

A person who uses or threatens to use deadly force in ance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.

State Map StateState LawCaliforniaGood Samaritan law enactedColoradoGood Samaritan law enactedConnecticutGood Samaritan law enactedDelawareGood Samaritan law enacted47 more rows

South Dakota has enacted a general Good Samaritan law that is codified in SDCL § 20-9-4.1. The statute provides immunity from civil damages for individuals who render emergency care, in good faith, for those in need.

In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.

See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

Statutes typically don't protect a person who provides care, advice or assistance in a willfully negligent or reckless manner. However, like any type of legislation, Good Samaritan laws are interpreted in court and the results may not benefit the bystander.

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South Dakota Simple Motion Requesting Additional Time to Respond to a Civil Complaint