Rule 10.Form of Pleadings

Part III: Pleadings and Motions · Last amended 2013 · Last verified July 16, 2026

In one sentenceRule 15-6-10 sets the physical and structural requirements for every pleading filed in South Dakota — the required caption, numbered paragraphs, how exhibits and prior statements can be incorporated by reference, a ban on Roman numerals for numbering, and formatting specifications like paper size and type size.

Full Text of Rule 15-6-10

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Caption — Title. Every pleading shall have a caption setting forth the name of the court and the county in which the action is brought, the title of the action, and a designation as in § 15-6-7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

(b) Paragraphs — Separate statements of claims. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(c) Adoption of statements by reference — Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

(d) Use of Roman numerals. Roman numerals may not be used to number paragraphs in pleadings. The use of Roman numerals in pleadings is restricted to use in conjunction with persons’ names and in lower case use in prefaces, forewords, prologues, and epilogues.

(e) The formatting of pleadings in the courts. All pleadings, motions, orders and other papers filed with the court, with the exception of exhibits, shall be typewritten or hand printed in a clear and legible manner, no smaller than 12 point type; on one side only of white, unglazed, opaque paper of good texture, eight and one-half inches wide and eleven inches long; and consecutively numbered at the bottom center of each page.

End

Plain-English Summary

Rule 15-6-10 is about the shape of a pleading rather than its substance. Subdivision (a) requires a caption naming the court, the county, the title of the action, and the designation required under Rule 15-6-7(a). The complaint’s caption must list every party by name, while later pleadings can shorten that to the first party on each side with an indication that others are involved. Subdivision (b) requires numbered paragraphs, each limited so far as practical to a single set of circumstances, with each claim founded on a separate transaction or occurrence stated in its own count when separation would make the pleading clearer.

Subdivision (c) allows a party to adopt statements from elsewhere in the same pleading, from another pleading, or from a motion by reference, and it treats a written instrument attached as an exhibit as part of the pleading for all purposes. Subdivision (d) bars Roman numerals for numbering paragraphs, limiting their use to names and to lowercase use in prefaces and similar material.

Subdivision (e) sets the physical formatting every filed pleading, motion, order, or other paper must follow: typewritten or clearly hand-printed, no smaller than 12-point type, printed on one side of standard white, unglazed paper measuring eight and one-half by eleven inches, with each page numbered at the bottom center. Exhibits are exempted from these formatting requirements.

Frequently Asked Questions

What has to be in the caption of a South Dakota pleading?

Rule 15-6-10(a) requires the caption to name the court, the county where the action is brought, the title of the action, and the pleading’s designation under Rule 15-6-7(a). The complaint must name every party; later pleadings can name just the first party on each side.

Do the paragraphs in my pleading need to be numbered?

Yes. Rule 15-6-10(b) requires numbered paragraphs, each limited so far as practicable to a single set of circumstances, so later pleadings can refer back to a paragraph by number.

Can I attach a contract as an exhibit instead of restating its terms in my pleading?

Yes. Rule 15-6-10(c) treats a copy of a written instrument attached as an exhibit as part of the pleading for all purposes.

Can I number the counts in my complaint using Roman numerals?

No. Rule 15-6-10(d) prohibits using Roman numerals to number paragraphs in pleadings, restricting their use to names and to lowercase use in prefaces, forewords, and similar material.

What type size and paper size does South Dakota require for court filings?

Rule 15-6-10(e) requires type no smaller than 12 point, printed on one side of white, unglazed paper measuring eight and one-half by eleven inches, with pages numbered at the bottom center, except for exhibits.

Amendment History

(a)SDC 1939 & Supp 1960, § 33.0908; SD RCP, Rule 10 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(b)SDC 1939 & Supp 1960, § 33.0908; SD RCP, Rule 10 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(c)SDC 1939 & Supp 1960, § 33.0908; SD RCP, Rule 10 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(d)SL 1998, ch 310.

(e)SL 2013, ch 267 § 1 (SCR 13-06), effective February 14, 2013.

Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source

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