Section 23A-41-4 - (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavitssupporting and opposing motions. - South Dakota Statutes

23A-41-4. (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions. A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time.

Source: SL 1978, ch 178, § 498.