South Dakota General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

State:
Multi-State
Control #:
US-01056BG
Format:
Word; 
Rich Text
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

23A-3-34. Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement.

A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.

If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...

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).

South Dakota's Move Over law requires travelers to move over and/or slow down when a stopped vehicle is in use of amber, yellow, or blue warning lights. A violation of this law is a Class 2 misdemeanor, which is punishable by a minimum fine of $270.00 and/or 30 days in jail.

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South Dakota General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion