reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-2 - Contents of plaintiff's affidavit.

21-15-2. Contents of plaintiff's affidavit.
When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:
(1)That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;
(2)That the property is wrongfully detained by the defendant;
(3)The alleged cause of the detention thereof, according to his best knowledge, information, and belief;
(4)That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;
(5)The actual value of the property.
Source:
CCivP 1877, §177; CL 1887, §4973; RCCivP 1903, §185; RC 1919, §2412; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, §37.3802.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-3 - Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.

21-15-3. Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.
Upon filing the summons and complaint, and the affidavit pursuant to §21-15-2, the judge of the court having jurisdiction shall by order, require cause to be shown at a specified time and place, after reasonable notice to the defendant, why the plaintiff should not have delivery of the property claimed. Except as inconsistent with the provisions of this chapter, chapter 15-6 shall apply to the conduct of the hearing.
Source:
CCivP 1877, §178; CL 1887, §4974; RCCivP 1903, §186; RC 1919, §2413; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, §37.3802; SL 1973, ch 145, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-4 - Undertaking required of plaintiff--Contents--Waiver.

21-15-4. Undertaking required of plaintiff--Contents--Waiver.
Before possession of any property may be taken, there must be furnished a written undertaking with one or more sufficient sureties approved by the sheriff, or a cash deposit, in double the value as stated in the affidavit, securing return of the property to the defendant if return thereof be adjudged, and the payment to the defendant of any such sum as may, for any cause, be recovered against the plaintiff. The court may waive the undertaking if the ownership of the property is not in question and the plaintiff is or has been a tenant of the defendant.
Source:
SDC 1939 & Supp 1960, §37.3803; SL 1993, ch 170.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-5 - Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.

21-15-5. Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.
If cash is deposited it shall be with the clerk or a judge of the court having jurisdiction, and his receipt taken therefor and such deposit shall thereupon remain in the custody of the court until legal order of the court disposing of it, as security for all of the obligations of the party depositing it under this chapter, the same as if a written undertaking had been furnished specifically assuming said obligations.
Source:
SDC 1939 & Supp 1960, §37.3807.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-6 - Seizure of property by sheriff--Safekeeping and delivery.

21-15-6. Seizure of property by sheriff--Safekeeping and delivery.
Upon receipt of the affidavit, endorsement, undertaking, and order authorizing delivery specified in §§21-15-2 to 21-15-4, inclusive, the sheriff shall forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall keep it in a safe place and deliver it to the party entitled thereto upon receiving his lawful fees and necessary expenses for keeping the same.
Source:
CCivP 1877, §185; CL 1887, §4981; RCCivP 1903, §193; RC 1919, §2420; SDC 1939 & Supp 1960, §37.3804; SL 1973, ch 145, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-7 - Seizure of property kept in building.

21-15-7. Seizure of property kept in building.
If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it be not forthwith delivered, he shall cause the building or enclosure to be broken open, and take the property into his possession and if necessary he may call to his aid the power of his county.
Source:
CCivP 1877, §184; CL 1887, §4980; RCCivP 1903, §192; RC 1919, §2419; SDC 1939 & Supp 1960, §37.3804.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-8 - Papers served on defendant when property seized.

21-15-8. Papers served on defendant when property seized.
The sheriff shall at the time of taking any property serve on the defendant a copy of the affidavit, endorsement, and undertaking or receipt for cash bond, and notice of levy showing the property taken by delivering the same to the defendant personally, if he can be conveniently found, or to his agent from whose possession the property is taken or if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion.
Source:
CCivP 1877, §179; CL 1887, §4975; RCCivP 1903, §187; RC 1919, §2414; SDC 1939 & Supp 1960, §37.3804.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-9 - Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as waiver.

21-15-9. Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as waiver.
The defendant may, within three days after the service of a copy of the affidavit and undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fail to do so, he shall be deemed to have waived all objection to them.
Source:
CCivP 1877, §180; CL 1887, §4976; RCCivP 1903, §188; RC 1919, §2415; SDC 1939 & Supp 1960, §37.3807.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-10 - Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.

21-15-10. Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.
When the defendant excepts, the sureties shall justify on notice as set out in §§21-15-10.1 to 21-15-10.4, inclusive. The sheriff shall be responsible for the sufficiency of the sureties, until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify. If the defendant except to the sureties, he cannot retain the property, as provided in §21-15-12.
Source:
CCivP 1877, §180; CL 1887, §4976; RCCivP 1903, §188; RC 1919, §2415; SDC 1939 & Supp 1960, §37.3807; SL 1984, ch 159, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-10.1 - Notice of justification--Additional surety--Time and place of hearing.

21-15-10.1. Notice of justification--Additional surety--Time and place of hearing.
On receipt of notice the sheriff or defendant shall, within ten days thereafter, give to the plaintiff by whom the surety is subscribed, or to plaintiff's attorney, notice of the justification of surety. In case additional surety is given there shall be a new undertaking in the form prescribed. The notice shall specify a time not less than five nor more than ten days after service thereof and a place within the county where the action is pending, where hearing on the justification will be held, and that it will be held before the judge of the court, naming him, within such county.
Source:
SL 1984, ch 159, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-10.2 - Appearance and examination of sureties.

21-15-10.2. Appearance and examination of sureties.
For the purpose of justification, each of the sureties shall appear before the judge at the time and place mentioned in the notice, and may be examined on oath on the part of the defendant or the sheriff, or both, touching his sufficiency, in such manner as the judge, in his discretion, may think proper.
Source:
SL 1984, ch 159, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-10.3 - Allowance by judge--Effect.

21-15-10.3. Allowance by judge--Effect.
If the judge finds the surety sufficient, he shall endorse his allowance thereon, and cause it to be filed with the clerk; and the sheriff thereupon shall be exonerated from liability.
Source:
SL 1984, ch 159, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-10.4 - Costs of justification.

21-15-10.4. Costs of justification.
The costs of the justification shall be paid by the plaintiff if the same is found not sufficient, but if sufficient, then the defendant shall pay the costs of the justification. The costs of such justification shall be taxed by the court as other costs are taxed.
Source:
SL 1984, ch 159, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-11 - Qualifications and justification of plaintiff's sureties.

21-15-11. Qualifications and justification of plaintiff's sureties.
The qualifications of sureties and their justification shall be as prescribed in §21-15-11.1, except that one personal surety, or a surety company authorized to do business in this state, or a cash deposit, shall be sufficient.
Source:
CCivP 1877, §183; CL 1887, §4979; RCCivP 1903, §191; RC 1919, §2418; SDC 1939 & Supp 1960, §37.3807; SL 1984, ch 159, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-11.1 - Qualifications of bail.

21-15-11.1. Qualifications of bail.
The qualifications of bail are as follows:
(1)Each of them shall be a resident and freeholder within the State of South Dakota;
(2)They shall each be worth double the amount of the undertaking, exclusive of property exempt from execution; but the court may allow more than one surety to justify severally in amounts less than that of the undertaking, if the whole justification is equivalent to that of two sufficient sureties.
Source:
SL 1984, ch 159, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-12 - Defendant's undertaking or deposit to retain possession--Terms.

21-15-12. Defendant's undertaking or deposit to retain possession--Terms.
At any time before delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, or receipt for cash deposit, as in this chapter provided, in amount and sufficiency as required on the undertaking of the plaintiff for the immediate delivery, and securing the plaintiff for delivery of the property if such delivery be adjudged and for the payment to the plaintiff of such sum as may for any cause be recovered against the defendant.
Source:
CCivP 1877, §181; CL 1887, §4977; RCCivP 1903, §189; RC 1919, §2416; SDC 1939 & Supp 1960, §37.3806.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-13 - Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify.

21-15-13. Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify.
The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify in the same manner as upon bail on arrest; upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the sufficiency of the defendant's sureties until they justify, or until justification is completed or expressly waived, and may retain the property until that time; but if they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff.
Source:
CCivP 1877, §182; CL 1887, §4978; RCCivP 1903, §190; RC 1919, §2417; SDC 1939 & Supp 1960, §37.3807.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 15 - Claim And Delivery Of Personal Property › Section 21-15-14 - Delivery of property to plaintiff if return not required by defendant.

21-15-14. Delivery of property to plaintiff if return not required by defendant.
If a return of the property be not required pursuant to §21-15-12 within three days after the taking and service of papers on defendant, it shall be delivered to the plaintiff unless claimed in the meantime by a third person in the manner provided by this chapter.
Source:
CCivP 1877, §181; CL 1887, §4977; RCCivP 1903, §189; RC 1919, §2416; SDC 1939 & Supp 1960, §37.3806.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-15 - Sale of attached property--Grounds--Proceeds held in lieu of property.

21-17A-15. Sale of attached property--Grounds--Proceeds held in lieu of property.
If any property taken on a writ of attachment is likely to depreciate in value before the end of the action or if the keeping thereof could cause much loss or expense, the court or a judge may order it sold in such manner as the best interests of the parties demand, and the money realized shall be held by the sheriff or constable in lieu of the property sold.
Source:
SL 1983, ch 168, §15.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-16 - Keeping of property by officer--Collections--Legal proceedings.

21-17A-16. Keeping of property by officer--Collections--Legal proceedings.
The sheriff or constable shall keep the property seized by him and the proceeds of such as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judge, collect and receive into his possession all the debts, credits and effects of the defendant. The sheriff or constable may also take such legal proceedings, either in his own name or in the name of the defendant, as may be necessary for that purpose and discontinue the same at such times and on such terms as the court or judge may direct.
Source:
SL 1983, ch 168, §16.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-17 - Defendant's bond for release from attachment--Justification of sureties.

21-17A-17. Defendant's bond for release from attachment--Justification of sureties.
The defendant may, at any time before judgment, deliver to the sheriff or constable who attached his property a corporate surety bond or a bond executed by two sureties, to the effect that they shall, on demand, pay to the plaintiff the amount of the judgment, with all costs, that may be recovered against the defendant in the action, not exceeding the sum specified in the bond with interest. The bond shall be in the amount alleged by the plaintiff to be due. The sureties shall justify as provided in §21-17A-7, and may be accepted if they are jointly responsible for the required sum.
Source:
SL 1983, ch 168, §17.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-18 - Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of officer.

21-17A-18. Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of officer.
The sheriff or constable shall without delay give the plaintiff a copy of the bond received pursuant to §21-17A-17 with notice of the time when the same was delivered to him. The plaintiff shall, within three days thereafter, give notice to the sheriff or constable that he objects to the sureties or he waives all objections to them. If the plaintiff objects, the sureties shall justify as provided in §21-17A-7. The sheriff or constable is responsible for the sufficiency of the sureties and may retain possession of the attached property until they justify, or until the objection is waived. Thereafter, the sheriff or constable shall deliver the property attached to the defendant. If real estate is attached, the sheriff or constable shall file a certificate of the discharge thereof in the office of the register of deeds. If judgment is for the plaintiff, all his costs and disbursements on the attachment shall be included in the judgment.
Source:
SL 1983, ch 168, §18.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-19 - Modification of writ--Notice of motion--Combining motions.

21-17A-19. Modification of writ--Notice of motion--Combining motions.
The court may, at any time before the trial of the action or a release of the property under §21-17A-18, modify the writ of attachment for irregularity or other sufficient cause, on three days' notice of motion. The motion therefor may be combined with a motion to increase the plaintiff's security under §21-17A-8.
Source:
SL 1983, ch 168, §19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-20 - Motion to quash writ and release property--Service of notice of motion.

21-17A-20. Motion to quash writ and release property--Service of notice of motion.
A defendant whose property has been attached pursuant to a writ issued under this chapter may, on three days' notice of motion, apply for an order that the writ of attachment be quashed, and any property levied on pursuant to the writ be released. The application shall be made by filing with the court and serving on the plaintiff a notice of motion.
Source:
SL 1983, ch 168, §20.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-21 - Contents of notice of motion--Affidavit--Grounds.

21-17A-21. Contents of notice of motion--Affidavit--Grounds.
The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. It is not grounds to set aside an order that the plaintiff would not have suffered great or irreparable injury if issuance of the writ had been delayed until the matter could have been heard on notice.
Source:
SL 1983, ch 168, §21.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-22 - Hearing on motion--Order of court.

21-17A-22. Hearing on motion--Order of court.
At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the writ of attachment. If the court finds that the plaintiff is not entitled to the writ, it shall order the writ quashed, and any property levied on pursuant to the writ released.
Source:
SL 1983, ch 168, §22.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-23 - Basis of determination--Additional evidence--Continuance.

21-17A-23. Basis of determination--Additional evidence--Continuance.
The court's determinations shall be made upon the basis of the pleadings and other papers in the record; but upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities.
Source:
SL 1983, ch 168, §23.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-24 - Priority of hearing on motion to quash.

21-17A-24. Priority of hearing on motion to quash.
The hearing provided for in §21-17A-22 shall take precedence over all other civil matters on the calendar except older matters of the same character.
Source:
SL 1983, ch 168, §24.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-25 - Findings and order of court on hearing--Costs taxed--Damages assessed at trial.

21-17A-25. Findings and order of court on hearing--Costs taxed--Damages assessed at trial.
If the court finds for the defendant on a motion pursuant to §21-17A-20, the judge presiding shall tax the defendant's costs for the hearing, and an order shall be entered dismissing the writ or that the property attached be delivered to the defendant; and the jury or the court shall, on the trial of the action or thereafter, assess the damages sustained by the defendant by reason of the taking and detention or sale of the property attached or by reason of any injury thereto. The same, together with the costs so taxed, shall be a setoff to the plaintiff's demand, and if in excess of it, or the plaintiff fails to recover, the defendant shall have judgment for the amount due. If the court on the hearing held pursuant to §21-17A-22 finds for the plaintiff, the judge shall tax the plaintiff's costs for the trial, and the amount so taxed shall, if he recovers, be taxed by the clerk as disbursement in the action. If the defendant or his assignee recovers judgment in the action, the costs and the judgment shall be offset.
Source:
SL 1983, ch 168, §25.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-26 - Judgment for damages to defendant.

21-17A-26. Judgment for damages to defendant.
If the defendant prevails in the action or if the action is discontinued, he shall have judgment for the damages sustained by him for any damages to his property by reason of the taking and detention or sale.
Source:
SL 1983, ch 168, §26.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 17A - Attachment Of Property › Section 21-17A-27 - Delivery of property on judgment for defendant--Action on plaintiff's bond.

21-17A-27. Delivery of property on judgment for defendant--Action on plaintiff's bond.
If the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to him, subject to the plaintiff's rights on appeal, and he may maintain an action on the plaintiff's bond for the assessed damages sustained by reason of the writ of attachment. Upon the entry of final judgment in favor of the defendant or on satisfaction of a plaintiff's judgment, if real estate was attached, the fact of such judgment or satisfaction shall be recorded by the prevailing party with the register of deeds in any county in which attached lands are situated.
Source:
SL 1983, ch 168, §27; SL 1987, ch 162.