2012 South Dakota Codified Laws
Title 15 CIVIL PROCEDURE
Chapter 06. Rules Of Procedure In Circuit Courts
§15-6-8(e) Pleading to be concise and direct--Consistency.


SD Codified L § 15-6-8(E) (through 2012) What's This?


15-6-8(e). Pleading to be concise and direct--Consistency. (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.

(2) A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in § 15-6-11.

Source: SDC 1939 & Supp 1960, § 33.0908; SD RCP, Rule 8 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

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