The writ of mandamus must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon affidavit, upon the application of the party beneficially interested.
S.D. Codified Laws § 21-29-2
Writ issued when ordinary remedy inadequate--Application and affidavit
Applied in 20 court decisions — leading case Schafer v. Deuel County Board of Commissioners (2006)
Most recently applied in Puffy's, LLC v. Dep't of Health (February 2025)
Source: CCivP 1877, § 696; CL 1887, § 5518; RCCivP 1903, § 765; RC 1919, § 3007; SDC 1939 & Supp 1960, § 37.4502.
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.