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JessT

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  1. Just thought I'd post an update. @adjusterjack After doing some more research, I've learned the proper motion is a Motion to Dismiss for Failure to Comply with a Court Order under SDCL 15-6-41(b). This section allows a Defendant to move to dismiss a case if the Plaintiff fails to prosecute the case, comply with the Rules of Civil Procedure, or comply with any order of the court.
  2. Thanks for the response, Jack. I've been representing myself in this case and had my Motion to Compel Arbitration granted. The court stayed the case pending resolution in arbitration. The arbitration company is about to close the case because the other party has ignored their demands for payment. When and if this happens, I need to go back to the court to say the other party will not allow arbitration to commence. I'm just looking for the appropriate motion to file. Thank you for taking the time to send over the Petition for Order to Show Cause. I'll do some research on it.
  3. I'm representing myself as the defendant in a civil case involving a disputed debt. The court granted my Motion to Compel Arbitration. However, the Plaintiff has refused to pay their portion of the arbitration fees to move forward. I'd like to prepare a motion to file in court to ask for a dismissal with prejudice, as well as ask for reimbursement of the non-refundable payment I made to the arbitration company. I'm unsure what kind of motion I should file. I read a Motion for Sanctions is what I need to prepare. I wasn't able to find anything in the South Dakota Rules of Civil Procedure that cover sanctions for failure to comply with a court order that doesn't involve discovery. Also, the only mention of sanctions I could find is 15-6-11(c) which involves representations made to the court. South Dakota Rules of Civil Procedure don't include Rule 16(?) which covers sanctions for failure to obey a pretrial order. Other states seem to have this rule. Any help would be appreciated. Thank you.
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