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South Dakota - Filing a Motion for Sanctions, Failure to Comply with Court Order

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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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None of that applies. You're not going to get a dismissal that way. You're not going to get sanctions imposed that way. You're obviously in over your head.

 

Nobody here can give you the specific legal advice that you seek.

 

But I'll give you a hint. What has to happen is that the Plaintiff be given the opportunity (by the court) to explain why he didn't pay his share. There will probably be a hearing. If the judge doesn't buy the explanation the judge will order him to pay under penalty of contempt. If he still doesn't pay, then the judge will impose sanctions which might or might not include dismissal with prejudice, reimbursement for your non-refundable fee, or anything else that the judge sees fit.

 

The way you get started is you file a Petition for Order to Show Cause.

 

Here's a sample. It's for family court and you'll obviously have to modify it to conform to your case.

 

http://www.ujs.sd.gov/uploads/forms/parenting/UJS-376 Petition to Show Cause.pdf

 

 

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On 2/24/2018 at 9:13 PM, adjusterjack said:

None of that applies. You're not going to get a dismissal that way. You're not going to get sanctions imposed that way. You're obviously in over your head.

 

Nobody here can give you the specific legal advice that you seek.

 

But I'll give you a hint. What has to happen is that the Plaintiff be given the opportunity (by the court) to explain why he didn't pay his share. There will probably be a hearing. If the judge doesn't buy the explanation the judge will order him to pay under penalty of contempt. If he still doesn't pay, then the judge will impose sanctions which might or might not include dismissal with prejudice, reimbursement for your non-refundable fee, or anything else that the judge sees fit.

 

The way you get started is you file a Petition for Order to Show Cause.

 

Here's a sample. It's for family court and you'll obviously have to modify it to conform to your case.

 

http://www.ujs.sd.gov/uploads/forms/parenting/UJS-376 Petition to Show Cause.pdf

 

 

 

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.

 

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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.

 

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That may be one way to do it but I doubt that the case will be dismissed that easy.

 

When you file your motion, you have to serve a copy on the Plaintiff and the Plaintiff has an opportunity to respond to your motion, giving reasons why it shouldn't be granted.

 

Then you are back to the judge likely giving the Plaintiff an opportunity to explain himself and perhaps give another order to comply.

 

File your motion in whatever way you see fit but understand that judges prefer to hear cases on the merits and don't dismiss them that easily.

 

 

 

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