reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-7 - Service on secretary of state for nonresident motorist--Fee--Notice mailed to defendant--Record of process served.

15-7-7. Service on secretary of state for nonresident motorist--Fee--Notice mailed to defendant--Record of process served.
Service of process as authorized by §15-7-6 shall be made by serving a copy thereof upon the secretary of state, or by filing the copy in the office of the secretary of state, together with payment of a fee of fifteen dollars. The service shall be sufficient service upon the absent resident or the nonresident or the resident's or nonresident's personal representative if the notice of the service and a copy of the process are within ten days thereafter sent by mail by the plaintiff to the defendant at the defendant's last-known address and that the plaintiff's affidavit of compliance with the provisions of this section is attached to the summons. The secretary of state shall keep a record of any process so served. The record shall show the day and hour of the service. The fee of fifteen dollars paid by the plaintiff to the secretary of state at the time of service of the process shall be recovered as taxable costs if the plaintiff prevails in the suit.
Source:
SDC 1939, §33.0809; SL 1957, ch 178; SL 1963, ch 226; SL 2003, ch 8, §4; SL 2009, ch 4, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-8 - Continuance of action to permit defense by motorist served through secretary of state.

15-7-8. Continuance of action to permit defense by motorist served through secretary of state.
When process is served pursuant to §15-7-7, the court in which the action is pending may order such continuance as may be necessary to afford the defendant or his personal representative reasonable opportunity to defend any such action not exceeding ninety days from the date of filing of the action in such court.
Source:
SDC 1939, §33.0809; SL 1957, ch 178; SL 1963, ch 226.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-9 - Aircraft operation in state as appointment of agent to receive process--Agreement as to force of process served on agent.

15-7-9. Aircraft operation in state as appointment of agent to receive process--Agreement as to force of process served on agent.
The use and operation of an aircraft in the State of South Dakota by a nonresident or his agent or by a resident owner or his agent who has remained without the state continuously for thirty days prior to the commencement of an action against him, shall be deemed an appointment by such nonresident of the secretary of transportation to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him growing out of such use or operation of an aircraft in the State of South Dakota resulting in damages or loss to person or property, and said use or operation shall be signification of his agreement that any such process in any action against him which is so served shall be of the same legal force and validity as if served upon him personally.
Source:
SDC 1939, §2.9905 as enacted by SL 1949, ch 8, §3; SDC Supp 1960, §2.0116.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-10 - Service on secretary of transportation for nonresident or absent aircraft operator--Fee--Forwarding to defendant--Service without the state--Time for appearance by defendant--Record of process served.

15-7-10. Service on secretary of transportation for nonresident or absent aircraft operator--Fee--Forwarding to defendant--Service without the state--Time for appearance by defendant--Record of process served.
Service of process as authorized by §15-7-9 shall be made by serving a copy thereof upon the secretary of transportation or by filing a copy in his office, together with the payment of a fee of two dollars and shall be completed by the plaintiff, his agent, or attorney within ten days after such filing, forwarding to the defendant by registered or certified mail at the defendant's last known post office address, notice of such service and a copy of the process. In lieu of such mailing, such process may be served upon the defendant personally without the state at any time within thirty days after such filing of such process. The time within which the defendant may appear shall not commence to run until such mailing or such personal service without the state. The secretary of transportation shall keep a record of all such process so served, such record to show the day and hour of such service. The fee of two dollars paid by the plaintiff to such director shall be taxed in his costs if he prevails.
Source:
SDC 1939, §2.9905 as enacted by SL 1949, ch 8, §3; SDC Supp 1960, §2.0116.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-11 - Proof of service on nonresident or absent aircraft operator.

15-7-11. Proof of service on nonresident or absent aircraft operator.
Proof of the service as provided by §15-7-10 must be attached to the original process. If the service is completed by mailing, such proof must include showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the defendant which the plaintiff could, with reasonable diligence, ascertain and must include also the registry or certified receipt issued by the postal authorities.
Source:
SDC 1939, §2.9905 as enacted by SL 1949, ch 8, §3; SDC Supp 1960, §2.0116.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-12 - Continuance of action to permit defense by nonresident or absent aircraft operator.

15-7-12. Continuance of action to permit defense by nonresident or absent aircraft operator.
When process is served pursuant to §15-7-10, the court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend any such action, not exceeding ninety days from the date of the filing of such action in such court.
Source:
SDC 1939, §2.9905 as enacted by SL 1949, ch 8, §3; SDC Supp 1960, §2.0116.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-13 - Hunting in state by nonresident as appointment of agent to receive process--Agreement as to force of process served.

15-7-13. Hunting in state by nonresident as appointment of agent to receive process--Agreement as to force of process served.
The hunting of game birds or animals in this state by a nonresident shall be deemed an appointment by such nonresident of the secretary of state of South Dakota to be his true and lawful attorney upon whom may be served legal process in any action or proceeding against such nonresident or his personal representative growing out of such hunting which results in damages or loss to person or property, and said hunting shall be a signification of such nonresident's agreement that any such process in any action against him or his personal representative which is so served shall be of the same legal force and validity as if served upon him, or his personal representative, personally.
Source:
SL 1961, ch 125.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-14 - Service of process on secretary of state for nonresident hunter--Fee--Mailing to defendant--Personal service outside state--Time for appearance by defendant--Record of process served.

15-7-14. Service of process on secretary of state for nonresident hunter--Fee--Mailing to defendant--Personal service outside state--Time for appearance by defendant--Record of process served.
The service of process as authorized by §15-7-13 shall be made by filing in the Office of the Secretary of State a copy of the process and payment to the secretary of state a fee of ten dollars and shall be completed by the plaintiff, or the plaintiff's agent or attorney within ten days after the filing, forwarding to the defendant, or the defendant's personal representative, by registered or certified mail at the defendant's last known post office address, or the last known post office address of defendant's personal representative, notice of such service and a copy of the process. In lieu of such mailing the process may be served upon the defendant or the defendant's personal representative personally without the state at any time within thirty days after the filing of the process. The time within which the defendant or the defendant's personal representative may appear does not commence to run until the mailing or the personal service without the state. The secretary of state shall keep a record of any process so served, the record to show the day and hour of the service. The fee of ten dollars paid by the plaintiff to the secretary of state shall be recovered as taxable costs if the plaintiff prevails.
Source:
SL 1961, ch 125; SL 2003, ch 8, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-15 - Proof of service on nonresident hunter.

15-7-15. Proof of service on nonresident hunter.
Proof of the service as provided by §15-7-14 must be attached to the original process. If the service is completed by mailing, such proof must include a showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the defendant, or his personal representative, which the plaintiff could, with reasonable diligence, ascertain and must also include the receipt issued by the postal authorities.
Source:
SL 1961, ch 125.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-16 - Continuance of action to permit defense by nonresident hunter.

15-7-16. Continuance of action to permit defense by nonresident hunter.
When process is served pursuant to §15-7-14, the court in which the action is pending may order such continuances as may be necessary to afford the defendant or his personal representative reasonable opportunity to defend any such action, not exceeding ninety days from the date of the filing of such action in such court.
Source:
SL 1961, ch 125.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-17 - Consent to jurisdiction by persons selling property or services to residents--Service.

15-7-17. Consent to jurisdiction by persons selling property or services to residents--Service.
Any person selling property or services to residents of this state, where the property is delivered to this state or the beneficial use of the service occurs in this state, is considered to have consented to the jurisdiction of the courts of this state for the exclusive purpose of enforcing §10-46-18.3. Service of process upon persons subject to this section may be made by service outside this state in the same manner provided for service within this state with the same force and effect as though service had been made within this state.
Source:
SL 1987, ch 109, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-1 - Remedies available where some but not all defendants served.

15-8-1. Remedies available where some but not all defendants served.
Where an action is against two or more defendants, and the summons is served on one or more but not on all of them, the plaintiff may proceed as provided by §§15-8-2 and 15-8-3.
Source:
SDC 1939 & Supp 1960, §33.0818.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-2 - Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment.

15-8-2. Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment.
If an action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendant served unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served and if they are subject to arrest, against the persons of the defendants served.
Source:
SDC 1939 & Supp 1960, §33.0818 (1).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-3 - Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.

15-8-3. Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.
If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein shall remain unsatisfied, may by action recover of such partner separately upon proving his joint liability, notwithstanding he may not have been named in the original action; but the plaintiff shall have satisfaction of only one judgment rendered for the same cause of action.
Source:
SDC 1939 & Supp 1960, §33.0818 (4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-4 - Summons to enforce judgment against joint contract debtors not summoned in original action.

15-8-4. Summons to enforce judgment against joint contract debtors not summoned in original action.
When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§15-8-1 to 15-8-3, inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned.
Source:
SDC 1939 & Supp 1960, §33.2301.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-5 - Contents and service of summons to enforce judgment against joint contract debtor.

15-8-5. Contents and service of summons to enforce judgment against joint contract debtor.
The summons provided in §15-8-4 must be subscribed by the judgment creditor or his attorney; must describe the judgment and require the person summoned to show cause within thirty days after the service of the summons; and must be served in like manner as the original summons.
Source:
SDC 1939 & Supp 1960, §33.2302.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-6 - New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.

15-8-6. New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.
It is not necessary to file a new complaint in a proceeding authorized by §15-8-4, but the summons must be accompanied by an affidavit of the person subscribing it that the judgment has not been satisfied, to his knowledge or information and belief, and must specify the amount due thereon.
Source:
SDC 1939 & Supp 1960, §33.2302.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-7 - Defenses available to joint contract debtor summoned for enforcement of judgment.

15-8-7. Defenses available to joint contract debtor summoned for enforcement of judgment.
The party summoned pursuant to §15-8-4 may answer within the time specified in §15-8-5, denying the judgment or setting up any defense which may have arisen subsequently; and he may make the same defense which he might have originally made to the action, except the statute of limitations.
Source:
SDC 1939 & Supp 1960, §33.2303.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-8 - Reply and trial of issues on summons to enforce judgment against joint contract debtor.

15-8-8. Reply and trial of issues on summons to enforce judgment against joint contract debtor.
The party issuing summons pursuant to §15-8-4 may reply to the answer, and the issues may be tried and judgment may be given in the same manner as in an action.
Source:
SDC 1939 & Supp 1960, §33.2304.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-9 - Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.

15-8-9. Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.
The answer and the reply described by §§15-8-7 and 15-8-8 must be verified in like cases and manner, and be subject to the same rules as the answer and reply in an action.
Source:
SDC 1939 & Supp 1960, §33.2304.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-10 - Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.

15-8-10. Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.
A supplementary judgment rendered under the provisions of §§15-8-4 to 15-8-9, inclusive, may be docketed and transcribed the same as any other judgment and may be enforced by execution or the application of the property which may be subjected to payment of the judgment and may be compelled by attachment, if necessary.
Source:
SDC 1939 & Supp 1960, §33.2305.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-11 - Joint tort-feasors--Definition of term.

15-8-11. Joint tort-feasors--Definition of term.
For the purposes of §§15-8-12 to 15-8-22, inclusive, the term "joint tort-feasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.
Source:
SL 1945, ch 167, §1; SDC Supp 1960, §33.04A02.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-12 - Right of contribution among joint tort-feasors.

15-8-12. Right of contribution among joint tort-feasors.
The right of contribution exists among joint tort-feasors.
Source:
SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (1).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-13 - Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.

15-8-13. Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.
A joint tort-feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.
Source:
SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (2).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-14 - Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.

15-8-14. Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.
A joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement.
Source:
SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (3).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-15 - Degrees of fault of joint tort-feasors considered in determining liability.

15-8-15. Degrees of fault of joint tort-feasors considered in determining liability.
When there is such a disproportion of fault among joint tort-feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort-feasors shall be considered in determining their pro rata shares.
Source:
SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-15.1 - Liability of party allocated less than fifty percent of total fault.

15-8-15.1. Liability of party allocated less than fifty percent of total fault.
If the court enters judgment against any party liable on the basis of joint and several liability, any party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to that party.
Source:
SL 1987, ch 154, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-15.2 - Determination of percentages of fault by trier of fact--Treatment of several persons as single party.

15-8-15.2. Determination of percentages of fault by trier of fact--Treatment of several persons as single party.
In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. The trier of fact may determine that two or more persons are to be treated as a single party if their conduct was a proximate cause of the damages claimed and if the acts or omissions of such persons are so interrelated that it would be inequitable to distinguish between them.
Source:
SL 1987, ch 154, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-16 - Joint tort-feasor not discharged by judgment against another.

15-8-16. Joint tort-feasor not discharged by judgment against another.
The recovery of a judgment by the injured person against one joint tort-feasor does not discharge the other joint tort-feasors.
Source:
SL 1945, ch 167, §3; SDC Supp 1960, §33.04A04.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-17 - Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.

15-8-17. Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.
A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides; but reduces the claim against the other tort-feasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.
Source:
SL 1945, ch 167, §4; SDC Supp 1960, §33.04A05.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-18 - Restrictions on discharge from contribution obligation by release given by injured party.

15-8-18. Restrictions on discharge from contribution obligation by release given by injured party.
A release by the injured person of one joint tort-feasor does not relieve him from liability to make contribution to another joint tort-feasor unless the release is given before the right of the other tort-feasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tort-feasor, of the injured person's damages recoverable against all the other tort-feasors.
Source:
SL 1945, ch 167, §5; SDC Supp 1960, §33.04A06.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-19 - Indemnity rights not impaired by joint tort-feasor provisions.

15-8-19. Indemnity rights not impaired by joint tort-feasor provisions.
Sections 15-8-11 to 15-8-22, inclusive, do not impair any right of indemnity under existing law.
Source:
SL 1945, ch 167, §6; SDC Supp 1960, §33.04A07.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-20 - Severability of joint tort-feasor provisions.

15-8-20. Severability of joint tort-feasor provisions.
If any provision of §§15-8-11 to 15-8-22, inclusive, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or application, and to this end the provisions of said sections are declared to be severable.
Source:
SL 1945, ch 167, §8; SDC Supp 1960, §33.04A09.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 08 - Remedies On Joint Liability › Section 15-8-22 - Citation of uniform tort-feasor provisions.

15-8-22. Citation of uniform tort-feasor provisions.
Sections 15-8-11 to 15-8-22, inclusive, may be cited as the uniform contribution among tort-feasors law.
Source:
SL 1945, ch 167, §10; SDC Supp 1960, §33.04A01.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-1 - Security for costs required of nonresident plaintiff.

15-9-1. Security for costs required of nonresident plaintiff.
In cases in which the plaintiff is a nonresident of the state or a foreign corporation or a foreign limited liability company at the time of commencing the action or if the plaintiff removes from the state after its commencement, the plaintiff shall furnish sufficient security for costs.
Source:
SDC 1939 & Supp 1960, §33.1820; SL 1994, ch 351, §36.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-2 - Resident required as surety--Corporate bond--Deposit of cash.

15-9-2. Resident required as surety--Corporate bond--Deposit of cash.
The surety required by §15-9-1 must be a resident of the county where the action is brought and must be approved by the clerk. A sufficient corporate surety bond or deposit of cash accepted by the clerk shall also be sufficient surety.
Source:
SDC 1939 & Supp 1960, §33.1820.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-3 - Form and extent of surety's obligation for costs.

15-9-3. Form and extent of surety's obligation for costs.
The obligation of the surety required by §15-9-1 shall be complete by endorsing the summons or complaint to the effect that he is surety for costs of the action and signing his name thereto or by the filing of surety bond or deposit of costs by the party.
The surety shall be bound for the payment of all costs and disbursements which may be adjudged against the plaintiff in the court in which the action is brought or in any other to which it may be carried, not exceeding in all two hundred fifty dollars, whether the plaintiff obtain judgment or not.
Source:
SDC 1939 & Supp 1960, §33.1820.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-4 - Dismissal of action for failure to give security for costs.

15-9-4. Dismissal of action for failure to give security for costs.
An action in which security for costs is required by §15-9-1, and has not been given, shall be dismissed on a motion and notice by the defendant at any time before judgment unless in a reasonable time to be allowed by the court such security for costs be given in an amount to be designated by the court.
Source:
SDC 1939 & Supp 1960, §33.1820.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-5 - Motion for additional security for costs--Dismissal on failure to give additional security.

15-9-5. Motion for additional security for costs--Dismissal on failure to give additional security.
In an action in which security for costs has been given the defendant may at any time before judgment after reasonable notice to the plaintiff move the court for additional security on the part of the plaintiff and if on such motion the court be satisfied that the surety has removed from this state or is not sufficient, or the amount of bond is insufficient, the action may be dismissed unless within a reasonable time to be fixed by the court sufficient surety be given by the plaintiff in an amount designated by the court.
Source:
SDC 1939 & Supp 1960, §33.1821.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-6 - Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice.

15-9-6. Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice.
If no personal judgment is asked against a defendant, the plaintiff or his attorney, over his signature, shall endorse upon the summons or attach thereto and serve or publish therewith a notice generally stating the object of the action briefly describing any property affected thereby and stating that no personal claim is made against such defendant. No costs shall be taxed or money judgment taken against such defendant unless he defends the action. Failure to serve such notice shall render the plaintiff liable for costs to an answering defendant entitled to such notice.
Source:
SDC 1939 & Supp 1960, §33.0804.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-7 - Service by publication when defendant not found in state.

15-9-7. Service by publication when defendant not found in state.
A summons, writ, order, or decree may be served by publication under the conditions and in the manner provided hereinafter and in §§15-9-8 to 15-9-21, inclusive.
Where the person on whom the service of the summons, writ, order, or decree is to be made cannot, after due diligence, be found within the state and that fact appears by affidavit to the satisfaction of the court or a judge thereof, and it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made or that he is a proper party to an action relating to real or personal property in this state, or to the writ, order, or decree, such court or judge may grant an order that the service be made by publication of the summons in any of the cases described in §§15-9-8 to 15-9-15, inclusive.
Source:
SDC 1939 & Supp 1960, §33.0812.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-8 - Service by publication in actions for divorce, annulment, child custody, and paternity.

15-9-8. Service by publication in actions for divorce, annulment, child custody, and paternity.
The court may grant an order pursuant to §15-9-7 in an action for divorce, a decree annulling a marriage, a child custody action, or an action to establish paternity.
Source:
SDC 1939 & Supp 1960, §33.0812 (6); SL 2017, ch 90, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-8.1 - Service by publication in adoption proceedings.

15-9-8.1. Service by publication in adoption proceedings.
The court or a judge thereof may grant an order pursuant to §15-9-7 where the action is for adoption.
Source:
SL 1969, ch 152.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-9 - Service by publication in actions involving property within state.

15-9-9. Service by publication in actions involving property within state.
The court or a judge thereof may grant an order pursuant to §15-9-7 where the subject of the action is property in this state and the defendant has or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest in or lien thereon.
Source:
SDC 1939 & Supp 1960, §33.0812 (5).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-10 - Service by publication in lien foreclosure actions.

15-9-10. Service by publication in lien foreclosure actions.
The court or a judge thereof may grant an order pursuant to §15-9-7 where the action is for the foreclosure of a lien on real or personal property in this state.
Source:
SDC 1939 & Supp 1960, §33.0812 (4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-11 - Service by publication on domestic corporation without known place of business or agent.

15-9-11. Service by publication on domestic corporation without known place of business or agent.
The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant is a private corporation created by the laws of this state or of the territory of Dakota, which has no known office or place of business in this state and no known officer or agent resident in this state.
Source:
SDC 1939 & Supp 1960, §33.0812 (7).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-12 - Service by publication on foreign corporation with property in jurisdiction of court.

15-9-12. Service by publication on foreign corporation with property in jurisdiction of court.
The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant is a foreign corporation and the cause of action arose in this state, or where such defendant has property within this state and the court has jurisdiction over the subject of the action, and where by attachment, garnishment, or other process, the plaintiff has brought such property under jurisdiction of the court.
Source:
SDC 1939 & Supp 1960, §33.0812 (1).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-13 - Service by publication on absconding resident defendant.

15-9-13. Service by publication on absconding resident defendant.
The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent.
Source:
SDC 1939 & Supp 1960, §33.0812 (2).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-14 - Service by publication on nonresident with property in jurisdiction of court.

15-9-14. Service by publication on nonresident with property in jurisdiction of court.
The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant is not a resident of this state but has property therein, and the court has jurisdiction of the subject of the action; and where by attachment, garnishment, or other process the plaintiff has brought such property under jurisdiction of the court.
Source:
SDC 1939 & Supp 1960, §33.0812 (3).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-15 - Service by publication on unknown parties.

15-9-15. Service by publication on unknown parties.
When it is made to appear by affidavit, made by or on behalf of the plaintiff, that there is reason to believe that there may be unknown persons, whether personal representatives, devisees, legatees, heirs, or creditors, of any person having an interest in the subject matter of the suit, or any other unknown person having claim of any character which might be adversely affected by the judgment to be rendered in the suit, the court may grant an order for the service of the summons upon such unknown persons by publication.
Source:
Supreme Court Rule adopted May 22, 1943; SDC Supp 1960, §33.0812 (8).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-16 - Search within state not required for service of publication on nonresident.

15-9-16. Search within state not required for service of publication on nonresident.
If it be made to appear by affidavit to the satisfaction of the court, and the court shall find, that the place of residence of the person to be served is at a certain specified place without this state, and his post office address, whether within or without this state, be likewise shown and established, it shall not be necessary to show nor for the court to find, that such persons cannot after due diligence be found and served personally within this state.
Source:
SDC 1939, §33.0813 as added by SL 1947, ch 154.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-17 - Newspaper in which service by publication made--Number of publications.

15-9-17. Newspaper in which service by publication made--Number of publications.
In all actions affecting real property the order for service by publication of summons must direct the publication to be made in a newspaper printed in the county where the premises or some part thereof are situated, if a paper be published therein, and if none, then in the paper published in this state nearest to the county seat of such county. Except in actions affecting real property, the order must direct the publication to be made in some newspaper in the county where the action is pending to be designated as most likely to give notice to the person to be served and for such length of time as may be deemed reasonable, not less than once a week for four successive weeks.
Source:
SDC 1939, §33.0813; SL 1947, ch 154.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-18 - Filing of complaint stated in publication of summons--Publication of complaint not required.

15-9-18. Filing of complaint stated in publication of summons--Publication of complaint not required.
In all cases where the summons is served by publication, the complaint must be filed and the summons as published must state the date and place of such filing. The complaint need not be published.
Source:
SDC 1939, §33.0813; SL 1947, ch 154.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-19 - Mailing of summons and complaint to defendant served by publication.

15-9-19. Mailing of summons and complaint to defendant served by publication.
The court or judge must also direct a copy of the summons and complaint to be forthwith sent by first class mail, directed to the person to be served at his post office address unless it appears that the place of residence and post office address of such person is neither known to the party making the application nor can with reasonable diligence be ascertained by him; and also directed to any corporation to be served at its present or last known office or place of business.
Source:
SDC 1939, §33.0813; SL 1947, ch 154.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-20 - Personal service without state in lieu of service by publication--Admission of service.

15-9-20. Personal service without state in lieu of service by publication--Admission of service.
In any of the cases where service of summons, writ, order, or decree by publication is authorized in lieu thereof the same may and without any order of the court at the option of the party making service, be personally served upon any defendant in person without the state, or any such defendant may admit such service, and as to a defendant so served, no publication or other proceedings relating thereto shall be necessary.
Source:
SDC 1939 & Supp 1960, §33.0814.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-21 - Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.

15-9-21. Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.
The service of summons, writ, order, or decree by publication shall be deemed complete upon the last publication thereof ordered by the court. The time in which answer shall be required by the writ, order, or decree become effective, shall commence to run the day next following such last publication. In case personal service shall be made upon any defendant as to whom the publication has been ordered, service shall be complete on the date of making such personal service.
Source:
SDC 1939, §33.0813; SL 1947, ch 154.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-22 - Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.

15-9-22. Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.
The defendant against whom publication is ordered or his representatives on application and sufficient cause shown at any time before judgment must be allowed to defend the action; and, except in an action for divorce, the defendant against whom publication is ordered or his representatives may, in like manner, upon good cause shown be allowed to defend after judgment or at any time within one year after notice thereof and within seven years after its rendition on such terms as may be just; and if the defense be successful and the judgment or any part thereof has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs; but the title to property sold under such judgment to a purchaser in good faith shall not be thereby affected.
Source:
SDC 1939 & Supp 1960, §33.0815.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 09 - Commencement Of Actions And Service Of Process › Section 15-9-23 - Action by assignee subject to setoff or defense--Negotiable instruments excepted.

15-9-23. Action by assignee subject to setoff or defense--Negotiable instruments excepted.
In case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration before due.
Source:
SDC 1939 & Supp 1960, §33.0404.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-1 - Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.

15-10-1. Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
In an action affecting the title to real property, the plaintiff, at the time of filing the complaint or at any time afterwards, or the defendant, when he sets up an affirmative cause of action in his answer and demands substantive relief, at the time of filing his answer or at any time afterwards, if the same be intended to affect real property, may file for record with the register of deeds of each county in which the real property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the real property in that county affected thereby; but if the action be for the foreclosure of a mortgage, or the enforcement of a mechanic's or miner's lien, no such notice need be filed, except as may be specifically provided by the statutes relating thereto.
Source:
SDC 1939 & Supp 1960, §33.0805.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-2 - Action pending from time of notice--Time allowed for service of summons.

15-10-2. Action pending from time of notice--Time allowed for service of summons.
For the purpose of this chapter an action shall be deemed to be pending from the time of filing the notice referred to in §15-10-1; provided that such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof, on a defendant within sixty days after such filing.
Source:
SDC 1939 & Supp 1960, §33.0805.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-3 - Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.

15-10-3. Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.
From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby. Every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice, to the same extent as if he were a party to the action.
Source:
SDC 1939 & Supp 1960, §33.0805.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-4 - Discharge of notice of pendency of action--Contents, acknowledgment and recording.

15-10-4. Discharge of notice of pendency of action--Contents, acknowledgment and recording.
Whenever notice of the pendency of any action has been filed or recorded in the office of the register of deeds in any county, the party plaintiff or defendant filing the same or at whose instance the same was filed, or his attorney or attorneys, in whose name or names the notice is subscribed, may discharge the same of record by filing with the register of deeds in whose office the notice is filed, a certificate of the discharge of said notice, executed and acknowledged by the same persons as above provided for certificates of discharge thereof. Such certificates of discharge, when filed with the register of deeds shall be acknowledged in the same form as is provided by law for the acknowledgment of conveyances of real estate and may be recorded in like manner.
Source:
SDC 1939 & Supp 1960, §33.0805.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-6 - Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.

15-10-6. Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.
Any time after the notice of pendency of an action has been filed for record pursuant to §15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:
(1)The action does affect the title to the real property described in the notice; and
(2)The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.
Source:
SL 1980, ch 162, §2.