Rule 6.Computation of time

Part II: Commencement of Action — Service of Process, Pleadings, Motions and Orders · Last amended 2018 · Last verified July 16, 2026

In one sentenceRule 15-6-6 explains how to count deadlines under the South Dakota rules, when a court may enlarge a deadline, how long a party has to notice and respond to written motions, and when three extra days apply because a paper was served by mail.

Full Text of Rule 15-6-6

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(a) Computation of time. In computing any period of time prescribed or allowed by this chapter, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, “legal holiday” includes those holidays listed in § 1-5-1. Service by facsimile, electronic mail transmission, and through the Odyssey® electronic filing system must be completed by 11:59 p.m. central standard time or daylight savings time as applicable, on a weekday, which is not a legal holiday, or service shall be deemed to be made on the following weekday, which is not a legal holiday.

(b) Enlargement of time at court’s discretion. When by this chapter or by a notice given thereunder or by an order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:

(1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or

(2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect but it may not extend the time for taking any action under §§ 15-6-50(b), 15-6-59(b) and (d), and 15-6-60(b), except to the extent and under the conditions stated in them.

(d) Time for motions and affidavits or briefs. A written motion, other than one which may be heard ex parte and notice of the hearing thereof or an order to show cause shall be served not later than ten days before the time specified for the hearing, unless a different period is fixed by this chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit or brief, the affidavit or brief shall be served with the motion and, except as otherwise provided in § 15-6-59(b), opposing affidavits or briefs may be served not later than five days before the hearing, unless the court permits them to be served at some other time. A reply brief or affidavit may be served by the movant not later than two days before the hearing, unless the court permits them to be served at some other time.

(e) Additional time after service by mail — Facsimile and electronic mail transmission service exempt. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him, or whenever such service is required to be made a prescribed period before a specified event, and the notice or paper is served by mail, three days shall be added to the prescribed period. Service by facsimile or electronic mail transmission shall not be deemed service by mail for purposes of this section.

End

Note: (c) Superseded.

Plain-English Summary

Rule 15-6-6 answers a question that comes up constantly in litigation: how do you count the days on a deadline? Subdivision (a) excludes the day of the triggering act or event but includes the last day of the period, unless that last day falls on a weekend, a legal holiday, or a day the clerk’s office is inaccessible because of weather or similar conditions, in which case the period runs to the next available day. For periods shorter than eleven days, intermediate Saturdays, Sundays, and legal holidays are excluded from the count entirely. The subdivision also fixes 11:59 p.m. as the cutoff for service completed by fax, email, or the Odyssey system on a weekday that is not a legal holiday.

Subdivision (b) gives the court discretion to enlarge a deadline for cause, either before the original period expires or, where the missed deadline resulted from excusable neglect, after it has already expired. That discretion has limits: it does not extend to the specific deadlines fixed in the rules governing new trials, relief from judgment, and similar post-judgment motions, except as those rules themselves allow.

The remaining subdivisions set default timing for motion practice. Subdivision (d) requires a written motion and notice of hearing to be served at least ten days before the hearing, with supporting affidavits or briefs served with the motion, opposing materials served at least five days before the hearing, and reply materials served at least two days before, unless the court sets a different schedule. Subdivision (e) adds three days to a prescribed response period whenever the triggering notice or paper was served by mail, though that extra time does not apply when service was made by fax or email.

Frequently Asked Questions

How do I count the days on a deadline under the South Dakota rules of civil procedure?

Rule 15-6-6(a) excludes the day of the triggering act but includes the last day of the period, unless that day is a weekend, legal holiday, or a day the clerk’s office is inaccessible, in which case the period extends to the next available day.

What happens if a deadline falls during a period shorter than eleven days?

Rule 15-6-6(a) excludes intermediate Saturdays, Sundays, and legal holidays from the count when the prescribed period is less than eleven days.

Can a South Dakota court extend a deadline I already missed?

Rule 15-6-6(b)(2) allows the court to permit a late act on a motion made after the deadline if the failure to act resulted from excusable neglect, though this discretion does not extend to the specific deadlines set for new trial and relief-from-judgment motions except as those rules themselves permit.

How many days before a hearing must a written motion be served?

Rule 15-6-6(d) requires a written motion and hearing notice to be served at least ten days before the hearing, unless a different period is fixed by the rules or court order.

Do I get extra time to respond if a paper was mailed to me instead of served electronically?

Yes. Rule 15-6-6(e) adds three days to a prescribed response period when the notice or paper was served by mail, but that addition does not apply when service was made by fax or email.

Amendment History

(a)SD RCP, Rule 6(a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1991, ch 425 (Supreme Court Rule 90-02); SL 2006, ch 276 (Supreme Court Rule 06-02); SL 2009, ch 280 (Supreme Court Rule 09-01), eff. July 1, 2009; 2018, (SCR 18-14), eff. July 1, 2018.

(b)SDC 1939 & Supp 1960, § 33.0108; SD RCP, Rule 6 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(d)SDC 1939 & Supp 1960, § 33.1001; SD RCP, Rule 6 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; 2006, ch 277 (Supreme Court Rule 06-03).

(e)SDC 1939 & Supp 1960, § 33.0820; SD RCP, Rule 6 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1991, ch 426 (Supreme Court Rule 90-03); SL 2009, ch 281 (Supreme Court Rule 09-02), eff. July 1, 2009.

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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