For any injury to his or her reputation, person, or property, a person may sue in his or her own name without joining his or her spouse as a party plaintiff. Actions founded upon a person’s separate contracts or torts or relating to his or her individual property may be brought without joining his or her spouse as a party defendant.

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Terms Used In South Dakota Codified Laws 25-2-15

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

Source: SDC 1939, § 14.0207; SL 1984, ch 12, § 44.