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Thread: Process Server Laws: South Dakota

  1. #1
    Kanda Force is offline
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    Process Server Laws: South Dakota

    15-6-4(a). Summons -- Form. The summons shall be legibly subscribed by the plaintiff or his attorney and directed to the defendant, and shall require him to answer the complaint and serve a copy of his answer on the subscriber at a place in the state to be specified in which there is a post office within thirty days after the service of the summons, exclusive of the day of service, and shall notify him that in case of his failure to answer, judgment by default may be rendered against him as requested in the complaint.

    Whenever the form of the summons is specified in any statute or rule relating to any action, remedy or special proceeding, the form so specified shall be used.

    15-6-4(b). Summons served without complaint. A copy of the complaint need not be served with the summons. In such case the summons must state where the complaint is or will be filed.

    If the complaint is not served with the summons and the defendant within thirty days after service of the summons, in any such case, causes notice of appearance to be given, in person or by attorney, and demands in writing a copy of the complaint specifying a place within the state where it may be served, a copy of the complaint must, within twenty days thereafter, be served accordingly. After such service of the complaint, the defendant has thirty days to answer or otherwise proceed against the complaint.

    In any of such cases where the same attorney appears for different parties, only one copy of a notice, complaint, answer, motion, or other paper in the action need be served upon him, unless otherwise specifically ordered by the court in any case.

    15-6-4(c). By whom summons served. The summons may be served by the sheriff or a constable of the county or other comparable political subdivision where the defendant may be found, or in the District of Columbia by the United States marshal or a deputy, or by any other person not a party to the action who at the time of making such service is an elector of any state. If the defendant to be served is an Indian residing in Indian country, the summons may be served by a person not a party to the action who at the time of making such service is an elector of any state. The service shall be made and the summons returned with proof of the service, with all reasonable diligence, to the plaintiff's attorney, if any, otherwise to the plaintiff. The plaintiff or the plaintiff's attorney may by endorsement on the summons fix a time for the service thereof, and the service shall be made accordingly.

    15-6-4(d). Personal service of summons. The summons shall be served by delivering a copy thereof. Service in the following manner shall constitute personal service:

    (1) If the action be against a domestic private corporation, on the president or other head of the corporation, secretary, cashier, treasurer, a director, or managing or registered agent thereof, and such service may be made within or without this state. In case the sheriff shall return the summons with his certificate that no such officer, director, or agent can conveniently be found in his county, service may be made by leaving a copy of the summons and complaint at any office of such corporation within this state, with the person in charge of such office;

    (2) If the action be against a foreign private corporation, on the president or other head of the corporation, secretary, cashier, treasurer, a director or managing agent thereof;

    (3) In an action against a railroad corporation or against a person, firm, or corporation operating an elevator or licensed warehouse in this state, service may be made by serving any of the persons mentioned in subparagraphs (1) and (2) of this subsection, or by service upon any acting ticket, station, or freight agent of a railroad company or upon any acting agent in charge of any such elevator or warehouse, in the county where the action or proceeding is commenced;

    (4) If the action be against a public corporation within this state, service may be made as follows:

    (i) Upon a county, by serving upon any county commissioner;

    (ii) Upon a first or second class municipality, by serving upon the mayor or any alderman or commissioner;

    (iii) Upon a third class municipality, by serving upon any trustee;

    (iv) Upon an organized township, by serving upon any supervisor; and

    (v) Upon any school district, by serving upon any member of the school board or board of education; and

    (vi) Upon a consumers power district, by serving upon any member of the board of directors;

    (5) If the action be against a minor, upon a parent or person having custody, and if the minor be over the age of fourteen years, then also upon such minor personally, and in any event upon the legally appointed guardian or conservator, if there be one. If a guardian ad litem has been appointed, such service shall also be made on such guardian ad litem;

    (6) If the action be against a person judicially declared to be mentally incompetent, or who is a patient at an institution for persons with mental illnesses or developmental disabilities or for whom a guardian or conservator has been legally appointed, upon such guardian or conservator, and upon the administrator or superintendent of such institutions for persons with mental illnesses or developmental disabilities, or person having custody, and also upon the person with mental illness or a developmental disability; provided that if the person with mental illness or a developmental disability is a patient of an institution for persons with mental illnesses or developmental disabilities, and the administrator or superintendent thereof shall certify in writing that service upon such person personally would be unavailing or injurious to his physical or mental well-being, and such certificate be filed, service upon such individual may be dispensed with by order of court;

    (7) If against the state or any of its institutions, departments, or agencies, by service upon such officer or employee as may be designated by the statute authorizing such action, and upon the attorney general. In all matters involving title to land owned or held in trust by the state or any of its institutions, departments, or agencies, upon the commissioner of school and public lands and the attorney general. In all matters other
    than those involving title to such lands, if no officer or employee is designated, then upon the Governor and the attorney general. Any of such officers or employees referred to in § 15-6-4 may admit service of the summons with the same legal effect as if it had been personally served upon them by an officer or elector;


    (8) If the action be against a state officer, employee or agent arising out of his office, employment or agency, a copy of the summons and complaint shall be mailed, certified mail, postage prepaid to the attorney general together with an admission of service and a return envelope, postage prepaid, addressed to the sender. The executed admission of service shall be filed by the sender in accordance with § 15-6-5(d);

    (9) Whenever the manner of service of process is specified in any statute or rule relating to any action, remedy or special proceedings the manner of service so specified shall be followed;

    (10) In all other cases, to the defendant personally; and

    (11) If the action be against a business with a fictitious name, upon the owner or other head of the business, secretary, cashier, treasurer, director, manager or bookkeeper thereof, and such service may be made within or without this state.

    (12) In an action against a person or business entity in a foreign country, service may be made as follows:

    (i) By an internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the service abroad of judicial and extrajudicial documents; or

    (ii) If there is no internationally agreed means of service, service reasonably calculated to give notice may be made:

    (A) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its court of general jurisdiction;

    (B) As directed by the foreign authority in response to a letter rogatory or letter request; or

    (C) Unless prohibited by the law of the foreign country; by one delivery to the individual personally; upon a corporation, limited liability company, limited partnership or partnership or association, by delivery to an officer, or a managing or general agent; or by any form of mail requiring a signed receipt; or

    (iii) As directed by the court.

    Service under this subdivision may be made by any person authorized by § 15-6-4(c), anyone duly authorized to serve lawful summons by the law of the country where service is to be made, pursuant to the applicable treaty or convention, or by anyone designated by order of the court or the foreign court. Proof of service may be made as prescribed in § 15-6-4(g), pursuant to the applicable treaty or convention, by order of the court, or by law of the foreign country. Proof of service by mail shall include an affidavit or certificate of addressing and mailing.

    15-6-4(e). Substituted personal service of summons authorized. Service in the following manner shall also constitute personal service. If the defendant cannot be found conveniently, service may be made by leaving a copy at his dwelling house in the presence of a member of his family over the age of fourteen years or if the defendant resides in the family of another, with a member of such age of the family with which he resides. If the defendant is a private corporation and no general officer, director, managing agent, or other representative mentioned in § 15-6-4(d) as qualified to receive service can conveniently be found, service may be made on such corporation by leaving a copy at the place of business of such qualified person with any officer or employee over fourteen years of age.

    15-6-4(f). Service upon party not a resident of or found within state. Whenever a statute of this state provides for the service of a legal process upon a party not a resident of or found within the state, service shall be made under the circumstances and in the manner prescribed by the statute.

    15-6-4(g). Proof of service. Proof of the service of the summons and complaint or of any pleading, process, or other paper must state the time, place, and manner of such service or of publication and mailing and must be made as follows:

    (1) If served by a sheriff or a county constable, his certificate thereof;

    (2) If by any other person, his affidavit thereof;

    (3) The written admission of the party or his representative upon whom service might have been made for such party;

    (4) In case of publication, by affidavit of the printer, his foreman, or principal clerk or the publisher of the newspaper showing the same and an affidavit of mailing of copies as required by law; or

    (5) In case of mailing, by affidavit of mailing and admission of service

    15-6-4(h). Amendment of process. The court in its discretion and on such terms as it deems just may at any time allow any summons or other process or proof of service thereof to be amended, unless it clearly appears that substantial rights of the person against whom the process issued would be prejudiced thereby.

    15-6-4(i). Service by mail -- Admission of service -- Costs. Notwithstanding any other provision of law, a summons may be served upon a defendant in any action by mailing a copy of the summons, two copies of the notice and admission of service, conforming substantially to the form provided for in § 15-6-4(j), and a return envelope, postage prepaid, addressed to the sender. The notice and admission of service shall set forth that the failure to sign and return the admission of service within twenty days after the date of mailing without good cause will result in the court ordering the person so served to pay the costs of personal service.

    Unless good cause is shown for not returning the admission of service to the sender within twenty days of mailing, the court shall order the payment of the costs of personal service to be paid by the defendant in the action.


    Click here: Rules of Procedure for South Dakota

  2. #2
    Join Date
    Sep 2004
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    South Dakota
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    Wink

    Hi Kanda
    This is Kathy DeVries and I thank you for this information.
    I need to find out what the laws for South Dakota is on Private Investigating laws and having problems finding any information on this.
    Could you please help me on this.

    I am also having problems with installing the Smilies.

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