If the county designated for that purpose in the complaint is not the proper county, the action may, notwithstanding, be tried therein unless the defendant, before the time for answering expires, demands in writing that the trial be had in the proper county, and the place of trial be thereupon changed by the consent of the parties or by order of the court, as provided in § 15-5-11.
S.D. Codified Laws § 15-5-10
Trial of action in county where commenced unless defendant demands change of venue
Applied in 10 court decisions — leading case Sioux Falls Argus Leader v. Miller (2000)
Most recently applied in Northland Captial v. Robinson (June 2022)
Source: SDC 1939 & Supp 1960, § 33.0305.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.