reglab/housing_qa huggingface dataset:
SD Codified L § 21-15-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-15 - Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.

21-15-15. Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.If the property taken be claimed by any other person than the defendant or his agent, and such person shall make affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve the same upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking or deposit, in amount and sufficiency as required in the original affidavit for the delivery. No claim to such property by any other person than the defendant or his agent shall be valid against the sheriff, unless made as aforesaid; and notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity. Source: CCivP 1877, §186; CL 1887, §4982; RCCivP 1903, §194; RC 1919, §2421; SDC 1939 & Supp 1960, §37.3805.
SD Codified L § 21-15-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-16 - Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil action for failure or neglect.

21-15-16. Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil action for failure or neglect.Within twenty days after taking the property, the sheriff shall make a verified report of his proceedings in taking and disposing of it, and file the same together with the original affidavit, order authorizing delivery, undertaking, or receipt, and a copy of his notice of levy, with the clerk of the court in which the action is pending.The failure or neglect of the sheriff to make such verified report of his proceedings and file the same in the office of the clerk with the other documents above specified in the manner and within the time above required shall not however void his proceedings under the affidavit and endorsement but shall render him liable to punishment by the court as for contempt and liable by amercement or civil action to any person thereby injured in like manner as is provided with reference to writs, warrants and executions by §15-18-44. Source: CCivP 1877, §187; CL 1887, §4983; RCCivP 1903, §195; RC 1919, §2422; Supreme Court Rule 595, 1939; SDC 1939, §37.3808; SL 1951, ch 196; SL 1973, ch 145, §3.
SD Codified L § 21-16-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-1 - Grounds for maintenance of action.

21-16-1. Grounds for maintenance of action.An action of forcible entry and detainer, or of detainer only, is maintainable:(1)If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession of real property or the occupied structure of another, and detains the same;(2)If a party, after entering peaceably upon real property or an occupied structure, turns out by force, threats, or menacing conduct, the party in possession;(3)If a party by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property, or occupied structure, whether the same was acquired peaceably or otherwise;(4)If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;(5)If a party continues in possession after a sale of the real property or occupied structure under mortgage, execution, order, or any judicial process, after the expiration of the time fixed by law for redemption, and after the execution and delivery of a deed or instrument of ownership;(6)If a party continues in possession after a judgment in partition, or after a sale under an order or decree of a circuit court;(7)If a lessee commits waste upon the leased premises, or does or fails to perform any act which, under the terms of the lease operates to terminate the same.The term, occupied structure, used in this chapter is defined in subdivision 22-1-2(28). Source: SDC 1939 & Supp 1960, §37.3902; SL 1992, ch 156, §1.
SD Codified L § 21-16-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-2 - Notice to quit required before commencement of proceedings--Service and return.

21-16-2. Notice to quit required before commencement of proceedings--Service and return.In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days' written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated. Source: JustC 1877, §35; CL 1887, §6074; RJustC 1903, §45; RC 1919, §2172; SDC 1939 & Supp 1960, §37.3903; SL 1986, ch 173.
SD Codified L § 21-16-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-3 - Jurisdiction of courts.

21-16-3. Jurisdiction of courts.Any circuit court or magistrate court presided over by a magistrate judge has jurisdiction in any case of forcible entry and detainer, or of detainer only, of real property or an occupied structure within its county. Source: SDC 1939 & Supp 1960, §37.3901; SL 1974, ch 153, §38; SL 1992, ch 156, §2.
SD Codified L § 21-16-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-4 - Joinder of actions.

21-16-4. Joinder of actions.An action under the provisions of this chapter cannot be brought in connection with any other except for rents and profits or damages but the plaintiff may bring separate actions for the same if he so desire. Source: SL 1881, ch 87, §2; CL 1887, §6080; RJustC 1903, §51; RC 1919, §2178; Supreme Court Rule 596, 1939; SDC 1939 & Supp 1960, §37.3906.
SD Codified L § 21-16-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-5 - Survival of cause despite death of plaintiff.

21-16-5. Survival of cause despite death of plaintiff.The legal representative of a person who might have been plaintiff, if alive, may bring an action under this chapter after his death. Source: JustC 1877, §36; CL 1887, §6075; RJustC 1903, §46; RC 1919, §2173; SDC 1939 & Supp 1960, §37.3904.
SD Codified L § 21-16-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-6 - Verified Complaint--Service with Summons--Procedure.

21-16-6. Verified Complaint--Service with Summons--Procedure.The complaint shall be in writing and verified by the plaintiff or the plaintiff's agent or signed by the plaintiff's attorney, and served with a summons. A sheriff, any person legally authorized to effect service under §15-6-4(c), or constable of the county shall attempt to serve a lessee, subtenant, or party in possession with a minimum of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.On the second service attempt, the summons may be posted in a conspicuous place on the property and delivered to a person there residing, if such person can be found, and also sent by first class mail addressed to the tenant at the place where the property is situated. Source: JustC 1877, §37; CL 1887, §6076; RJustC 1903, §47; RC 1919, §2174; SDC 1939 & Supp 1960, §37.3905; SL 2020, ch 74, § 1.
SD Codified L § 21-16-6.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-6.1 - Service by publication--Exemption.

  21-16-6.1  .  Service by publication--Exemption.   On the same day as the first attempted service under §21-16-6, the plaintiff bringing an action of forcible entry and detainer, or of detainer only, under §  21-16-1   may cause the summons to be published in a legal newspaper printed in the county where the subject property is located or in an adjacent county in accordance with §  17-2-10  . A plaintiff who causes a summons to be published under this section must cause the publication only once.   Section   15-9-17   does not apply to any publication required under this section.     Source:  SL 2020, ch 74, § 2.
SD Codified L § 21-16-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-7 - Time for appearance by defendant.

21-16-7. Time for appearance by defendant.The time for appearance and pleading shall be four days from the time of service on the defendant or thirty days after the publication of service under §21-16-6.1, whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant. Source: JustC 1877, § 38; CL 1887, § 6077; RJustC 1903, § 48; RC 1919, § 2175; Supreme Court Rule 597, 1939; SDC 1939, § 37.3907; Court Rule adopted September 29, 1945; SL 2020, ch 74, § 3.
SD Codified L § 21-16-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-8 - Time action brought on for trial--Special venire in jury cases.

21-16-8. Time action brought on for trial--Special venire in jury cases.An action under this chapter may be brought on for trial upon two days' notice after issue is joined. If a jury trial be demanded and no jury is in attendance on the day the action is noticed for trial, the court shall cause a special venire to issue as in cases where extra jurors are required, and proceed to impanel a jury and try the action as in other civil cases. Source: SL 1907, ch 191, §20; SL 1909, ch 176, §7; SL 1911, ch 196, §6; SL 1913, ch 278, §4; RC 1919, §2246; Supreme Court Rule 597, 1939; SDC 1939, §37.3907; Court Rule Adopted September 29, 1945.
SD Codified L § 21-16-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-9 - Certification to circuit court of title and boundary questions raised in magistrate court.

21-16-9. Certification to circuit court of title and boundary questions raised in magistrate court.If the title to or boundary of the real property or the title to an occupied structure in any wise comes in question, in magistrate court, the case shall be certified to the circuit court as provided by rule of the Supreme Court. Source: 1939 & Supp 1960, §37.3905; SL 1974, ch 153, §39; SL 1992, ch 156, §3.
SD Codified L § 21-16-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-10 - Judgment for plaintiff.

21-16-10. Judgment for plaintiff.If the finding of the court or the verdict of the jury be in favor of the plaintiff, the judgment shall be for the delivery of possession to the plaintiff, and for rents and profits or damages, including those authorized by §21-3-8, where the same are claimed in the complaint, and for costs. Source: SL 1881, ch 87, § 1; CL 1887, § 6078; RJustC 1903, § 49; RC 1919, § 2176; SDC 1939 & Supp 1960, § 37.3908; SL 2020, ch 74, § 4.
SD Codified L § 21-16-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-11 - Attorney fees taxed as costs.

21-16-11. Attorney fees taxed as costs.In any case of forcible entry and detainer, or detainer only, the court may tax as a part of the costs in the case, to the prevailing party, reasonable attorney fees, whether a trial is had or not, if prevailing party is represented by a licensed attorney. Source: SL 1883, ch 51, §1; CL 1887, §6079; RJustC 1903, §50; RC 1919, §2177; SDC 1939 & Supp 1960, §37.3909; SL 2000, ch 95, §1.
SD Codified L § 21-16-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 16 - Forcible Entry And Detainer|Section 21-16-12 - Time of serving execution.

21-16-12. Time of serving execution.No execution for possession can be served except in the daytime. Source: SL 1881, ch 87, §2; CL 1887, §6080; RJustC 1903, §51; RC 1919, §2178; SDC 1939 & Supp 1960, §37.3908.
SD Codified L § 21-17A-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-1 - Attachment by creditor.

21-17A-1. Attachment by creditor.A creditor may attach the property of his debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter. Source: SL 1983, ch 168, §1.
SD Codified L § 21-17A-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-2 - Issuance and direction of writ--Contents.

21-17A-2. Issuance and direction of writ--Contents.A writ of attachment shall be issued on the request of a plaintiff any time after a summons and a complaint is filed but before final judgment. It shall be directed to the sheriff or constable of a county in which property of the defendant is supposed to be, and shall require him to attach all the property of the defendant within his county or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses. It shall be in the name of the court and be sealed with its seal and signed by its judge. Source: SL 1983, ch 168, §2.
SD Codified L § 21-17A-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-3 - Affidavit required for execution in debt action--Contents.

21-17A-3. Affidavit required for execution in debt action--Contents.Before a writ of attachment for a debt may be executed, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that the defendant is indebted to the plaintiff in a sum exceeding fifty dollars, specifying the amount above all setoffs, and that the debt is due upon express or implied contract or upon a judgment, and that the affiant knows or has good reason to believe any of the following:(1)The defendant is absent from this state, or is concealed here so that summons cannot be served on him;(2)The defendant has disposed of or concealed or is about to dispose of or conceal his property or some part thereof with intent to defraud his creditors;(3)The defendant has removed or is about to remove property from this state with intent to defraud his creditors;(4)The defendant fraudulently incurred the obligation respecting which the action is brought;(5)The defendant is not a resident of this state;(6)The defendant is a foreign corporation, or, if domestic, that no officer or agent thereof on whom to serve the summons exists or resides in this state or can be found;(7)The action is against a defendant as principal on an official bond to recover money due the state or to some political subdivision thereof, or that the action is against the defendant as principal upon a bond or other instrument given as evidence of debt for or to secure the payment of money embezzled or misappropriated by the defendant as an officer of the state or of a political subdivision thereof;(8)The action is against a defendant to recover purchase money for personal property sold to the defendant, in which case the property shall be specifically described, if one of the conditions under subdivision (1), (5), or (9) of this section and one of the conditions under subdivision (2) or (3) of this section is also alleged;(9)The defendant is about to remove his residence from the county where he resides with the intention of permanently changing it and fails or neglects on demand to give security for the debt upon which the action is commenced;(10)The action is against the owner of any motor vehicle for damages alleged to have been caused by the negligence of such owner or his duly authorized agent, the motor vehicle alleged to have been driven, occupied or owned by a negligent driver or owner thereof, at the time of such accident, may be attached, if one of the conditions under subdivision (1) or (5) of this section and one of the conditions under subdivision (2) or (3) of this section is also alleged. Source: SL 1983, ch 168, §3.
SD Codified L § 21-17A-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-4 - Affidavit required for execution in tort action--Contents.

21-17A-4. Affidavit required for execution in tort action--Contents.Before a writ of attachment may be executed in a tort action, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that a cause of action in tort exists in favor of the plaintiff and against the defendant, that the damages sustained exceed fifty dollars specifying the amount claimed and either:(1)The defendant is not a resident of this state; or that his residence is unknown and cannot with due diligence be ascertained; or(2)The defendant is a foreign corporation. Source: SL 1983, ch 168, §4.
SD Codified L § 21-17A-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-5 - Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant.

21-17A-5. Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant.An action may be maintained and a writ of attachment issued on a demand not yet due in any case mentioned in §21-17A-3 or 21-17A-4, except the cases mentioned in subdivision 21-17A-3(5), (6), or (7) and the same proceedings in the action shall be had and the same affidavit shall be required as in actions upon matured demands except that the affidavit shall state that the debt is to become due. The bond specified in §21-17A-7 shall be for three times the amount demanded. In case an attachment is issued before the maturity of the debt and a defense to such attachment is sustained the court shall render a judgment for damages and costs against the plaintiff. Source: SL 1983, ch 168, §5.
SD Codified L § 21-17A-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-6 - Amendment of affidavit.

21-17A-6. Amendment of affidavit.The affidavit required by §§21-17A-3 to 21-17A-5, inclusive, may be amended any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit. Source: SL 1983, ch 168, §6.
SD Codified L § 21-17A-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-7 - Bond required of plaintiff--Amount--Terms--Affidavit of surety--Exemption of state and subdivisions.

21-17A-7. Bond required of plaintiff--Amount--Terms--Affidavit of surety--Exemption of state and subdivisions.Before a writ of attachment may be executed, a bond on the part of the plaintiff in the sum of at least five hundred dollars executed by sufficient surety shall be delivered to the sheriff or constable, to the effect that if the defendant recover judgment the plaintiff shall pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment. The affidavit of the surety annexed to the bond shall state that he is a resident of this state and worth double the sum specified in the bond in property above his debts and exclusive of property exempt from execution. No bond is necessary if the state or a political subdivision is the plaintiff. Source: SL 1983, ch 168, §7.
SD Codified L § 21-17A-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-8 - Additional security--Application by defendant--Joint sureties.

21-17A-8. Additional security--Application by defendant--Joint sureties.If a defendant is not satisfied with the amount specified in the bond or with the surety he may, upon five days' notice to the plaintiff, apply to a judge for additional security. The judge may require the plaintiff to give and file another bond, to be approved by him, in such sum as he may deem proper, not exceeding the appraised value of the property attached. The surety shall justify as provided in §21-17A-7, but if there is more than one surety they may be accepted if they are jointly responsible for the required sum. Source: SL 1983, ch 168, §8.
SD Codified L § 21-17A-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-9 - Return--Papers filed--Time allowed.

21-17A-9. Return--Papers filed--Time allowed.The sheriff or constable executing the writ shall return thereon all his proceedings and shall file the writ, affidavit and bond with the clerk of the court within ten days from receipt of the bond. Source: SL 1983, ch 168, §9.
SD Codified L § 21-17A-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-11 - Seizure of property.

21-17A-11. Seizure of property.At the time of service of a writ of attachment, the sheriff or constable shall seize, in his county, so much of the property of the defendant as will satisfy the demand of the plaintiff with costs and expenses. Source: SL 1983, ch 168, §11.
SD Codified L § 21-17A-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-12 - Real property attached by filing.

21-17A-12. Real property attached by filing.To attach real estate, the sheriff or constable shall file, in the office of the register of deeds, a copy of the writ with his certificate that by virtue of the original writ he has attached all the interest of the named defendant in such real estate, describing the property. Source: SL 1983, ch 168, §12.
SD Codified L § 21-17A-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-13 - Property subject to attachment--Personal property.

21-17A-13. Property subject to attachment--Personal property.All the property of the defendant, not exempt from execution, may be attached. Personal property shall be attached as upon an execution and the provisions respecting the levy of an execution thereon are applicable to an attachment. Source: SL 1983, ch 168, §13.
SD Codified L § 21-17A-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-14 - Indemnification--Officer requiring.

21-17A-14. Indemnification--Officer requiring.If there is reasonable doubt as to the ownership of property or as to its liability to be attached, the sheriff or constable may require sufficient security from the plaintiff to indemnify him for attaching such property. Source: SL 1983, ch 168, §14.