EZRCP · South Dakota · Rules of Procedure in Circuit Courts · SDCL § 15-6-9(i)

SDCL § 15-6-9(i) — Complaint in action for libel or slander

South Dakota · Rules of Procedure in Circuit Courts

Open on EZRCP

Rule text

In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose, but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on trial, that it was so published or spoken.

Notes

Source: SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (i), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.