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Code · South Dakota · Title 15 · Chapter 15-6

15-6-9(a). Pleading capacity.

111 words·~1 min read·/sd/title-15/chapter-15-6/15-6-9-a·

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It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
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