reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 01 - Notaries Public › Section 18-1-14 - Notice to notary of revocation of commission.

18-1-14. Notice to notary of revocation of commission.
Should the commission of any notary public be revoked, the secretary of state shall immediately notify such person by mail.
Source:
PolC 1877, ch 17, §10; CL 1887, §506; RPolC 1903, §745; RC 1919, §5246; SDC 1939 & Supp 1960, §32.1306; SL 1974, ch 55, §24.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 03 - Administration Of Oaths › Section 18-3-1 - Officers authorized to administer oaths.

18-3-1. Officers authorized to administer oaths.
The following officers may administer oaths:
(1)Supreme Court justices, circuit judges, magistrates, notaries public, the clerk and deputy clerk of the Supreme Court, and clerks and deputy clerks of the circuit court, within the state, and federal judges, and federal magistrates;
(2)Members of the Legislature, while acting as a member of any legislative committee, when examining persons before the legislative committee;
(3)The county auditor, the county treasurer, the register of deeds, and the deputy of each, within their respective county;
(4)Mayors, town board presidents, municipal finance officers, deputy municipal finance officers, and township clerks, within their respective municipality or township;
(5)Sheriffs and deputies if authorized by law to select commissioners or appraisers, or to impanel juries for the view or appraisement of property, or are directed as an official duty to have property appraised, or take the answer of garnishees;
(6)Conservation officers for the purposes of taking a written statement pursuant to §23A-2-1 for any offense of Title 41; and
(7)Other officers in cases specifically provided by law.
Source:
SDC 1939, §48.0801; SL 1941, ch 210; SL 1979, ch 149, §1; SL 1992, ch 60, §2; SL 1993, ch 167; SL 1996, ch 145; SL 1998, ch 119, §1; SL 2000, ch 92, §2.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 03 - Administration Of Oaths › Section 18-3-2 - Affidavits by persons in military service--Oath administered by commissioned officer.

18-3-2. Affidavits by persons in military service--Oath administered by commissioned officer.
Any affidavit may be made, by any person in the military service of the United States, in the manner and form now provided by the laws of this state, or as provided in this section and §18-3-3.
Any commissioned officer in the military service of the United States may administer an oath or affirmation and take and certify to an affidavit at any place within or without the United States.
Source:
SL 1943, ch 150, §§2, 3; SDC Supp 1960, §48.0801-1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 03 - Administration Of Oaths › Section 18-3-3 - Form of jurat for affidavit by person in military service.

18-3-3. Form of jurat for affidavit by person in military service.
The jurat of the officer taking the affidavit pursuant to §18-3-2 shall be substantially as follows:
Subscribed and sworn to before me this ____ day of ____, 20__, by ____ to me well known to be in the military service of the United States, and who stated to me that his home post office address is as follows: ____.
__________ Signature of officer
__________ Title and unit
Source: SL 1943, ch 150, §3; SDC Supp 1960, §48.0801-1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 03 - Administration Of Oaths › Section 18-3-4 - Persons entitled to use military service provisions.

18-3-4. Persons entitled to use military service provisions.
Persons in the military service of the United States, as used in §§18-3-2 and 18-3-3 shall include the following persons and no others: all members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, all officers of the Public Health Service detailed for duty with the Army, Navy, or Air Force, and any civilian persons serving with, employed by, or accompanying the armed forces hereinbefore mentioned outside of the United States.
Source:
SL 1943, ch 150, §1; SDC Supp 1960, §48.0801-1; SL 1963, ch 290.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 03 - Administration Of Oaths › Section 18-3-5 - Affirmation in lieu of oath.

18-3-5. Affirmation in lieu of oath.
Persons conscientiously opposed to swearing may affirm, and shall be subject to the penalties of perjury as in case of swearing.
Source:
SL 1867-8, ch 23, §3; PolC 1877, ch 20, §2; CL 1887, §488; RPolC 1903, §727; RC 1919, §5252; SDC 1939, §48.0803.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 03 - Administration Of Oaths › Section 18-3-6 - Fee not charged for administration of oath by public officer.

18-3-6. Fee not charged for administration of oath by public officer.
No fee for the administering of oaths shall be charged or taxed as costs against any person by any official authorized to administer oaths when the oath so administered is in connection with some official duty of said officer essential to the administration of his office.
Source:
SL 1929, ch 205; SDC 1939, §48.0802.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-1 - Officers authorized to take proof or acknowledgment within state.

18-4-1. Officers authorized to take proof or acknowledgment within state.
The proof or acknowledgment of an instrument may be made at any place within this state before a justice or the clerk of the Supreme Court or a notary public.
Source:
CivC 1877, §655; CL 1887, §3277; RCivC 1903, §970; SL 1907, ch 3; RC 1919, §575; SDC 1939, §51.1604.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-2 - Officers authorized to take proof or acknowledgment within circuit, county, or municipality.

18-4-2. Officers authorized to take proof or acknowledgment within circuit, county, or municipality.
The proof or acknowledgment of an instrument may be made anywhere in this state before a judge of the circuit court, a clerk of the circuit court, a magistrate of the circuit court, or a United States magistrate. Within a county or municipality for which the officer was elected or appointed, the proof or acknowledgment of an instrument may be made before a county auditor, a register of deeds, a mayor, or a municipal finance officer .
Source:
SDC 1939, §51.1605; SL 1979, ch 149, §2; SL 1992, ch 60, §2; SL 1998, ch 120, §1; SL 2000, ch 92, §1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-3 - Indian agents authorized to take acknowledgment or proof in Indian country--Recording of certificate of appointment.

18-4-3. Indian agents authorized to take acknowledgment or proof in Indian country--Recording of certificate of appointment.
Indian agents or superintendents are authorized to take acknowledgments or proofs of deeds or other instruments in writing, in Indian country, and acknowledgments or proofs so taken shall have the same force and effect as if taken before a notary public. To qualify for taking such acknowledgments or proofs, such Indian agent or superintendent shall file for record in the office of the register of deeds of the county in which he is stationed, or the county to which said county is attached for judicial purposes, a certificate signed by the secretary of the interior of the United States showing his appointment and authority as such Indian agent or superintendent.
Source:
SL 1911, ch 2; RC 1919, §577; SDC 1939, §51.1606.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-6 - Acknowledgment before commissioned officer of armed forces--Place of execution need not be shown.

18-4-6. Acknowledgment before commissioned officer of armed forces--Place of execution need not be shown.
In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by the laws of South Dakota, any person serving in or with the armed forces of the United States may acknowledge the execution of an instrument, wherever located, before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the Army, Air Force, Space Force, or Marine Corps, or ensign or higher in the Navy or United States Coast Guard. The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment.
Source: SL 1943, ch 148, §1; SL 1951, ch 215; SDC Supp 1960, §51.1608-1 (1); SL 2023, ch 109, §2.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-7 - Authentication of military certificate not required--Form of certificate attached.

18-4-7. Authentication of military certificate not required--Form of certificate attached.
No authentication of the officer's certificate of acknowledgment taken pursuant to §18-4-6 shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:
On this the ____ day of ____, 20__, before me ____, the undersigned officer personally appeared ____, known to me (or satisfactorily proven) to be serving in or with the armed forces of the United States and to be the person whose name is subscribed to the within instrument and acknowledged that -- he executed the same for the purposes therein contained. And the undersigned does further certify that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.
__________ Signature of officer
__________ Rank of officer and command to which attached.
Source:
SL 1943, ch 148, §1; SL 1951, ch 215; SDC Supp 1960, §51.1608-1 (1).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-8 - Acknowledgments taken by military officers before 1943.

18-4-8. Acknowledgments taken by military officers before 1943.
No acknowledgment taken prior to February 6, 1943, shall be affected by anything contained in §§18-4-6 and 18-4-7. All affidavits and the acknowledgment of any and all written instruments taken and certified by any commissioned officer in the military or naval service of the United States, at any place within or without the United States, at any time before July 1, 1943, are hereby legalized and validated and shall be accorded the same standing as those taken and certified by a notary public within this state with his official seal attached thereto.
Source:
SL 1943, ch 148, §2; SL 1943, ch 149; SDC Supp 1960, §§51.1608-1 (2), 65.0324.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-9 - Uniformity of interpretation of military provisions.

18-4-9. Uniformity of interpretation of military provisions.
Sections 18-4-6 to 18-4-8, inclusive, shall be so interpreted as to make uniform the laws of those states which enact them.
Source:
SL 1943, ch 148, §3; SDC Supp 1960, §51.1608-1 (3).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-10 - Identity of person making acknowledgment to be known or proved to officer.

18-4-10. Identity of person making acknowledgment to be known or proved to officer.
The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is an officer of the corporation authorized to execute the instrument.
Source:
CivC 1877, §659; CL 1887, §3281; RCivC 1903, §974; RC 1919, §580; SDC 1939, §51.1609; SL 2019, ch 100, §7.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-11 - Certificate of officer taking acknowledgment to be attached.

18-4-11. Certificate of officer taking acknowledgment to be attached.
An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms prescribed in §§18-4-12 to 18-4-15, inclusive.
Source:
CivC 1877, §666; CL 1887, §3288; RCivC 1903, §981; RC 1919, §587; SDC 1939, §51.1615.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-12 - Form of general certificate of acknowledgment.

18-4-12. Form of general certificate of acknowledgment.
The certificate of acknowledgment of an instrument unless it is otherwise in this chapter provided must be substantially in the following form:
Territory of ____ or State of ____
County of ____ ss
On this ____ day of ____, in the year ____, before me personally appeared ____, known to me (or proved to me on the oath of ____) to be the person who is described in, and who executed the within instrument and acknowledged to me that he (or they) executed the same.
Source:
CivC 1877, §666, subdiv 1; CL 1887, §3288, subdiv 1; RCivC 1903, §981, subdiv 1; RC 1919, §587 (1); SDC 1939, §51.1615 (1).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-13 - Form of certificate of corporate acknowledgment.

18-4-13. Form of certificate of corporate acknowledgment.
The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form:
Territory of ____ or State of ____
County of ____ ss
On this ____ day of ____, in the year ____, before me ____, personally appeared ____, known to me (or proved to me on the oath of ____) to be the ____ of the corporation that is described in and that executed the within instrument and acknowledged to me that such corporation executed the same.
Source:
CivC 1877, §666, subdiv 2; CL 1887, §3288, subdiv 2; RCivC 1903, §981, subdiv 2; RC 1919, §587 (2); SL 1921, ch 2; SDC 1939, §51.1615 (2).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-14 - Form of certificate of acknowledgment by attorney.

18-4-14. Form of certificate of acknowledgment by attorney.
The certificate of acknowledgment by an attorney in fact must be substantially in the following form:
Territory of ____ or State of ____
County of ____ ss
On this ____ day of ____, in the year ____, before me personally appeared ____, known to me (or proved to me on the oath of ____) to be the person who is described in and whose name is subscribed to the within instrument as the attorney in fact of ____, and acknowledged to me that he subscribed the name of ____ thereto as principal and his own name as attorney in fact.
Source:
CivC 1877, §666, subdiv 4; CL 1887, §3288, subdiv 3; RCivC 1903, §981, subdiv 3; RC 1919, §587 (3); SDC 1939, §51.1615 (3).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-15 - Form of certificate of acknowledgment by deputy sheriff.

18-4-15. Form of certificate of acknowledgment by deputy sheriff.
The certificate of acknowledgment by any deputy sheriff of South Dakota must be substantially in the following form:
State of South Dakota,
County of __________ ss
On this __________ day of __________, in the year ______, before me personally appeared ________, known to me (or proved to me on the oath of ________) to be the person who is described in and whose name is subscribed to the within instrument as deputy sheriff of said county and acknowledged to me that he subscribed the name of ________ thereto as sheriff of said county and his own name as deputy sheriff.
Source:
SL 1887, ch 2, §1; CL 1887, §5162; RCivC 1903, §981, subdiv 3; RC 1919, §587 (3); SDC 1939, §51.1615 (4).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-16 - Fees chargeable for acknowledgments--Violation as petty offense.

18-4-16. Fees chargeable for acknowledgments--Violation as petty offense.
Officers authorized by law to take and certify acknowledgment of deeds and other instruments are entitled to charge and receive twenty-five cents each therefor, and for administering oaths and certifying the same, ten cents. A violation of this section is a petty offense.
Source:
SL 1862, ch 41, §2; PolC 1877, ch 39, §30; CL 1887, §1434; RPolC 1903, §1856; RC 1919, §7061; SDC 1939, §48.0606; SL 1979, ch 150, §22.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-17 - Means of proving instrument not acknowledged.

18-4-17. Means of proving instrument not acknowledged.
Proof of the execution of an instrument, when not acknowledged, may be made either:
(1)By the party executing it, or either of them;
(2)By a subscribing witness; or
(3)By other witnesses, in cases mentioned in §§18-4-19 and 18-4-20, relating to proof of handwriting.
Source:
CivC 1877, §662; CL 1887, §3283; RCivC 1903, §976; RC 1919, §582; SDC 1939, §51.1610.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-18 - Proof of instrument by subscribing witness.

18-4-18. Proof of instrument by subscribing witness.
If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witness. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it and that such person executed it and that the witness subscribed his name thereto as a witness.
Source:
CivC 1877, §662; CL 1887, §3284; RCivC 1903, §977; RC 1919, §583; SDC 1939, §51.1611.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-19 - Circumstances permitting proof of instrument by handwriting.

18-4-19. Circumstances permitting proof of instrument by handwriting.
The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:
(1)When the parties and all the subscribing witnesses are dead;
(2)When the parties and all the subscribing witnesses are nonresidents of the state;
(3)When the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;
(4)When the subscribing witness conceals himself or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or
(5)In case of the continued failure or refusal of the witness to testify for the space of one hour after his appearance.
Source:
CivC 1877, §663; CL 1887, §3285; RCivC 1903, §978; RC 1919, §584; SDC 1939, §51.1612.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-20 - Facts to be established for proof by handwriting.

18-4-20. Facts to be established for proof by handwriting.
The evidence taken under §18-4-19 must satisfactorily prove to the officer the following facts:
(1)The existence of one or more of the conditions mentioned therein;
(2)That the witness testifying knew the person whose name purports to be subscribed to the instrument as a party and is well acquainted with his signature and that it is genuine;
(3)That the witness testifying personally knew the person who subscribed the instrument as a witness and is well acquainted with his signature and that it is genuine; and
(4)The place of residence of the witness.
Source:
CivC 1877, §664; CL 1887, §3286; RCivC 1903, §979; RC 1919, §585; SDC 1939, §51.1613.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-21 - Powers of officers authorized to take proof of instruments.

18-4-21. Powers of officers authorized to take proof of instruments.
Officers authorized to take the proof of instruments are authorized in such proceedings:
(1)To administer oaths or affirmations;
(2)To employ and swear interpreters;
(3)To issue subpoenas and to punish for contempt as provided in Title 19 in regard to the means of producing witnesses.
Source:
CivC 1877, §668; CL 1887, §3290; RCivC 1903, §983; RC 1919, §589; SDC 1939, §51.1617.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-22 - Contents of certificate of officer taking proof of instrument.

18-4-22. Contents of certificate of officer taking proof of instrument.
An officer taking proof of the execution of an instrument must in his certificate endorsed thereon or attached thereto set forth all the matters required by law to be done or known by him or proved before him on the proceeding, together with the names of all the witnesses examined before him, their places of residence respectively, and the substance of their evidence.
Source:
CivC 1877, §665; CL 1887, §3287; RCivC 1903, §980; RC 1919, §586; SDC 1939, §51.1614.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-23 - Authentication of certificates of acknowledgment or proof.

18-4-23. Authentication of certificates of acknowledgment or proof.
Officers taking and certifying acknowledgments or proof of instruments for record must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also their seals of office, if by the laws of the state, territory, or country where the acknowledgment or proof is taken or by authority of which they are acting, they are required to have official seals. Judges and clerks of courts of record must authenticate their certificates as aforesaid by affixing thereto the seal of the proper court; and mayors of first and second class municipalities, by the seal thereof.
Source:
CivC 1877, §666, subdiv 5; CL 1887, §3288, subdiv 4; RCivC 1903, §981, subdiv 4; RC 1919, §587 (4); SDC 1939, §51.1615 (5); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-24 - Clerk's certificate to accompany proof or acknowledgment taken by magistrate.

18-4-24. Clerk's certificate to accompany proof or acknowledgment taken by magistrate.
The certificate of proof or acknowledgment, if made before a magistrate, if used in any county other than that in which the magistrate resides, shall be accompanied by a certificate under the hand and seal of the clerk of courts, setting forth that such magistrate at the time of taking was authorized to take such proof or acknowledgment, and that the clerk is acquainted with the magistrate's handwriting and believes that the signature to the original certificate is genuine.
Source:
SDC 1939, §51.1615(6); SL 1974, ch 153, §34; SL 1998, ch 121, §1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-25 - False certification of acknowledgment or proof as forgery.

18-4-25. False certification of acknowledgment or proof as forgery.
If any officer authorized to take the acknowledgment or proof of any conveyance of real property or of any other instrument which by law may be recorded, knowingly and falsely certifies that any such conveyance or instrument was acknowledged by any party thereto or was proved by any subscribing witness, when in truth such conveyance or instrument was not acknowledged or proved as certified, he is guilty of forgery.
Source:
PenC 1877, §553; CL 1887, §6754; RPenC 1903, §579; RC 1919, §4184; SDC 1939, §13.4113.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-26 - Action in circuit court to prove instrument defectively certified--Judgment entitles instrument to record.

18-4-26. Action in circuit court to prove instrument defectively certified--Judgment entitles instrument to record.
When the acknowledgment or proof of execution of an instrument is properly made but defectively certified any party interested may have an action in the circuit court to obtain a judgment correcting the certificate.
Any person interested under an instrument entitled to be proved for record may institute an action in the circuit court against the proper parties to obtain a judgment proving such instrument.
A certified copy of the judgment in a proceeding instituted under the provisions of this section showing the proof of the instrument and attached thereto, entitles the instrument to record with like effect as if acknowledged.
Source:
CivC 1877, §667; CL 1887, §3289; RCivC 1903, §982; RC 1919, §588; SDC 1939, §51.1616.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-27 - Prior instruments governed by prior law.

18-4-27. Prior instruments governed by prior law.
The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality, except as to seals, upon the laws in force when the act was performed except as by other statutes expressly provided.
Source:
CivC 1877, §669; CL 1887, §3291; RCivC 1903, §984; RC 1919, §590; SDC 1939, §51.1618.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-28 - Validity of conveyances acknowledged or proved under prior law.

18-4-28. Validity of conveyances acknowledged or proved under prior law.
All conveyances of real property made before July 1, 1939, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with like effect as conveyances executed and acknowledged in pursuance of this chapter.
Source:
CivC 1877, §670; CL 1887, §3292; RCivC 1903, §985; RC 1919, §591; SDC 1939, §51.1619.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 04 - Acknowledgment And Proof Of Instruments › Section 18-4-29 - Form--Certificate of acknowledgement--Video communication technology.

18-4-29. Form--Certificate of acknowledgement--Video communication technology.
The certificate of acknowledgment of a document executed under § 18-1-11.1 shall be substantially in the following form:
State of South Dakota
County of _____ ss
On this _____ day of _____, in the year_____, before me, _____ (Notary's Name), the undersigned officer appeared _____ (Signer's Name) with a remote location of _____ (City/State), whom I have personal knowledge of because of my relationship as _____ and whom I positively identified as the person whose name is subscribed to the within instrument, appeared before me not in my physical presence but by means of video communication technology, and I observed his/her execution of the same for the purposes contained therein and confirm that I affix my seal to the same instrument so executed.
Source:
SL 2021, ch 89, § 3.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-1 - Acknowledgment permitted under chapter or other law.

18-5-1. Acknowledgment permitted under chapter or other law.
Any instrument may be acknowledged in the manner and form now provided by the laws of this state, or as provided by this chapter.
Source:
SL 1941, ch 215, §1; SDC Supp 1960, §51.16A01.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-2 - Officers permitted to take acknowledgment within state.

18-5-2. Officers permitted to take acknowledgment within state.
The acknowledgment of any instrument may be made in this state before:
(1)A judge of the circuit court;
(2)A clerk or deputy clerk of the circuit court;
(3)A register of deeds;
(4)A notary public; or
(5)A magistrate.
Source:
SL 1941, ch 215, §2; SDC Supp 1960, §51.16A02; SL 1979, ch 149, §3.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-3 - Officers permitted to take acknowledgment within United States.

18-5-3. Officers permitted to take acknowledgment within United States.
The acknowledgment of any instrument may be made without the state but within the United States or a territory or insular possession of the United States or the District of Columbia or the Philippine Islands and within the jurisdiction of the officer, before:
(1)A clerk or deputy clerk of any federal court;
(2)A clerk or deputy clerk of any court of record of any state or other jurisdiction;
(3)A notary public;
(4)A commissioner of deeds.
Source:
SL 1941, ch 215, §3; SDC Supp 1960, §51.16A03.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-4 - Officers permitted to take acknowledgment in foreign country.

18-5-4. Officers permitted to take acknowledgment in foreign country.
The acknowledgment of any instrument may be made without the United States before:
(1)An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general, consul, vice consul, commercial attache, or consular agent of the United States accredited to the country where the acknowledgment is made;
(2)A notary public of the country where the acknowledgment is made;
(3)A judge or clerk of a court of record of the country where the acknowledgment is made.
Source:
SL 1941, ch 215, §4; SDC Supp 1960, §51.16A04.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-5 - Identity of person making acknowledgment to be known or proved to officer.

18-5-5. Identity of person making acknowledgment to be known or proved to officer.
The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument.
Source:
SL 1941, ch 215, §5; SDC Supp 1960, §51.16A05.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-6 - Acknowledgment by married person.

18-5-6. Acknowledgment by married person.
An acknowledgment of a married person may be made in the same form as an unmarried person.
Source:
SL 1941, ch 215, §6; SDC Supp 1960, §51.16A06; SL 1986, ch 27, §6.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-7 - Officer taking acknowledgment to endorse or attach certificate.

18-5-7. Officer taking acknowledgment to endorse or attach certificate.
An officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in one of the forms in §§18-5-8 to 18-5-12, inclusive.
Source:
SL 1941, ch 215, §7; SDC Supp 1960, §51.16A07.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-8 - Form of certificate of acknowledgment by individual.

18-5-8. Form of certificate of acknowledgment by individual.
The form for certificate of acknowledgment by individuals is as follows:
State of ____
County of ____
On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, known to me or satisfactorily proven to be the person whose name ____ subscribed to the within instrument and acknowledged that -- he -- executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
___________________________
___________________________
Title of officer.
Source:
SL 1941, ch 215, §7; SDC Supp 1960, §51.16A07 (1).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-9 - Form of certificate of corporate acknowledgment.

18-5-9. Form of certificate of corporate acknowledgment.
The form for certificate of acknowledgment by a corporation is as follows:
State of ____
County of ____
On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, who acknowledged himself to be the ____ of ____, a corporation, and that he, as such ____ being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as ____.
In witness whereof I hereunto set my hand and official seal.
___________________________
___________________________
Title of officer.
Source:
SL 1941, ch 215, §7; SDC Supp 1960, §51.16A07 (2).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-10 - Form of certificate of acknowledgment by attorney.

18-5-10. Form of certificate of acknowledgment by attorney.
The form for certificate of acknowledgment by an attorney in fact is as follows:
State of ____
County of ____
On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, known to me or satisfactorily proven to be the person whose name is subscribed as attorney in fact for ____, and acknowledged that he executed the same as the act of his principal for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
___________________________
___________________________
Title of officer.
Source:
SL 1941, ch 215, §7; SDC Supp 1960, §51.16A07 (3).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-11 - Form of certificate of acknowledgment by public officer or fiduciary.

18-5-11. Form of certificate of acknowledgment by public officer or fiduciary.
The form for certificate of acknowledgment by any public officer or deputy thereof, or by any trustee, guardian, conservator, or personal representative is as follows:
State of ________
County of ________
On this the ________ day of ________, 20____, before me, ________, the undersigned officer, personally appeared ________, of the state, county or city as the case may be of ________, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
___________________________
___________________________
Title of officer.
Source:
SL 1941, ch 215, §7; SDC Supp 1960, §51.16A07 (4); SL 1993, ch 213, §95.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-12 - Form of certificate of acknowledgment by partner.

18-5-12. Form of certificate of acknowledgment by partner.
The form for certificate of acknowledgment by a partner is as follows:
State of ____
County of ____
On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, who acknowledged himself to be one of the partners of ____, a partnership, and that he, as such partner, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the partnership by himself as a partner.
In witness whereof I hereunto set my hand and official seal.
___________________________
___________________________
Title of officer.
Source:
SL 1957, ch 265; SDC Supp 1960, §51.16A07 (5).
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-13 - Signature of certificate by officer--Endorsement and seal--Effect of failure to endorse--Facsimile on fidelity or surety bonds.

18-5-13. Signature of certificate by officer--Endorsement and seal--Effect of failure to endorse--Facsimile on fidelity or surety bonds.
The certificate of the acknowledging officer shall be completed by his signature and immediately following his signature and immediately preceding his official description, he shall endorse thereon his name with a typewriter or print the same legibly with a stamp or with pen and ink, his official seal, if he has one, the title of his office, and if he is a notary public, the date his commission expires. Failure of an acknowledging officer to endorse his name on an instrument as required herein shall not render such instrument invalid, but a recording officer may refuse to accept such instrument for record until such endorsement is made.
Notwithstanding any provision in this chapter, a facsimile of the original signature and notarization may be used in lieu of an original signature when acknowledging a fidelity or surety bond in a form as required herein.
Source:
SL 1941, ch 215, §8; SL 1959, ch 279; SDC Supp 1960, §51.16A08; SL 1980, ch 170, §1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-14 - Authentication not required.

18-5-14. Authentication not required.
If the acknowledgment is taken within this state or is made without the United States by an officer of the United States no authentication shall be necessary.
Source:
SL 1941, ch 215, §9; SDC Supp 1960, §51.16A09.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-16 - Prior acknowledgments not affected by chapter.

18-5-16. Prior acknowledgments not affected by chapter.
No acknowledgment taken prior to July 1, 1941, shall be affected by anything contained in this chapter.
Source:
SL 1941, ch 215, §11; SDC Supp 1960, §51.16A11.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-17 - Uniformity of interpretation of chapter.

18-5-17. Uniformity of interpretation of chapter.
This chapter shall be so interpreted and construed as to make uniform the laws of those states which enact it.
Source:
SL 1941, ch 215, §12; SDC Supp 1960, §51.16A12.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 05 - Uniform Acknowledgment Law › Section 18-5-18 - Citation of chapter.

18-5-18. Citation of chapter.
This chapter may be cited as the Uniform Acknowledgment Act.
Source:
SL 1941, ch 215, §13; SDC Supp 1960, §51.16A13.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 06 - Uniform Unsworn Foreign Declarations Act › Section 18-6-1 - Short title.

18-6-1. Short title.
This chapter may be cited as the Uniform Unsworn Foreign Declarations Act.
Source:
SL 2012, ch 257, §1 (Supreme Court Rule 12-03), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 06 - Uniform Unsworn Foreign Declarations Act › Section 18-6-2 - Definitions.

18-6-2. Definitions.
In this chapter:
(1)"Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2)"Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3)"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4)"Sign" means, with present intent to authenticate or adopt a record:
(A)To execute or adopt a tangible symbol; or
(B)To attach to or logically associate with the record an electronic symbol, sound, or process.
(5)"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6)"Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7)"Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Source:
SL 2012, ch 257, §2 (Supreme Court Rule 12-03), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 06 - Uniform Unsworn Foreign Declarations Act › Section 18-6-3 - Applicability.

18-6-3. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Source:
SL 2012, ch 257, §3 (Supreme Court Rule 12-03), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 06 - Uniform Unsworn Foreign Declarations Act › Section 18-6-4 - Validity of unsworn declaration.

18-6-4. Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(b) This chapter does not apply to:
(1)A deposition under §15-6-26;
(2)An oath of office;
(3)An oath required to be given before a specified official other than a notary public;
(4)A declaration to be recorded pursuant to Title 43; or
(5)An oath required by §29A-2-504.
Source:
SL 2012, ch 257, §4 (Supreme Court Rule 12-03), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 06 - Uniform Unsworn Foreign Declarations Act › Section 18-6-5 - Required medium.

18-6-5. Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Source:
SL 2012, ch 257, §5 (Supreme Court Rule 12-03), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 06 - Uniform Unsworn Foreign Declarations Act › Section 18-6-6 - Form of unsworn declaration.

18-6-6. Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
FORM OF UNSWORN DECLARATION
I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the ____________ day of ________________, ___________,at
(date) (month) (year)
_________________________, __________.
(city or other location, and state)(country)
___________________________________
(printed name)
___________________________________
(signature)
Source:
SL 2012, ch 257, §6 (Supreme Court Rule 12-03), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 07 - Uniform Unsworn Domestic Declarations Act › Section 18-7-2 - Definitions.

18-7-2. Definitions.
The terms in this chapter mean:
(1)"Boundaries of the United States," the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States;
(2)"Law," includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order;
(3)"Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(4)"Sign," with present intent to authenticate or adopt a record:
(a)To execute or adopt a tangible symbol; or
(b)To attach to or logically associate with the record an electronic symbol, sound, or process;
(5)"Sworn declaration," a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit;
(6)"Unsworn declaration," a declaration in a signed record not given under oath but is given under penalty of perjury.
Source:
SL 2018, ch 128, §2; SL 2019, ch 101, §1.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 07 - Uniform Unsworn Domestic Declarations Act › Section 18-7-3 - Applicability.

18-7-3. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within the boundaries of the United States.
Source:
SL 2018, ch 128, §3.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 07 - Uniform Unsworn Domestic Declarations Act › Section 18-7-4 - Validity of unsworn declaration.

18-7-4. Validity of unsworn declaration.
Except as otherwise provided in this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
This chapter does not apply to:
(1)A deposition under §15-6-26;
(2)An oath of office;
(3)An oath required to be given before a specified official other than a notary public;
(4)A declaration to be recorded pursuant to title 43;
(5)Any declaration, oath, or verification required under title 2 or 12; or
(6)An oath required by §29A-2-504.
Source:
SL 2018, ch 128, §4.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 07 - Uniform Unsworn Domestic Declarations Act › Section 18-7-5 - Required medium .

18-7-5. Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium.
Source:
SL 2018, ch 128, §5.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 07 - Uniform Unsworn Domestic Declarations Act › Section 18-7-6 - Form of unsworn declaration.

18-7-6. Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
FORM OF UNSWORN DECLARATION
I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct.
Signed on the ___ day of _____, _____, at ________________________________.
Date Month Year City or other location, state
________________
Printed Name
________________
Signature
Source:
SL 2018, ch 128, §6.
2023 South Dakota Codified Laws › Title 18 - Oaths and Acknowledgments › Chapter 07 - Uniform Unsworn Domestic Declarations Act › Section 18-7-7 - Uniformity of application and construction.

18-7-7. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source:
SL 2018, ch 128, §7.