There is a newer version of the South Dakota Codified Laws
2013 South Dakota Codified Laws
Title 15 - CIVIL PROCEDURE
Chapter 39 - Small Claims Procedure
- § 15-39-1 , 15-39-2. Superseded.
- § 15-39-3 , 15-39-4. Repealed.
- § 15-39-5 to 15-39-44. Superseded.
- § 15-39-45 Uniform rules of practice for circuit and magistrate courts--Purpose andscope of rules--Exemplary damages restricted.
- § 15-39-45.1 Jurisdictional amount of claim.
- § 15-39-46 Alternative to action begun by summons.
- § 15-39-47 Persons authorized to act as attorney--Notice to attorney.
- § 15-39-48 Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.
- § 15-39-49 Addresses of parties stated to clerk--Filing in docket.
- § 15-39-50 Determination of sufficiency of plaintiff's statement.
- § 15-39-51 Deputy clerk authorized to act--Magistrate to perform clerk's duties.
- § 15-39-52 Entry fee--Summons not required--Statement to clerk or magistrate in lieu ofpleading--Fee exemption.
- § 15-39-53 Court rules may provide for modified procedure.
- § 15-39-54 Time of hearing on claim.
- § 15-39-55 Notice valid though refused by defendant--Further notice on failure ofdelivery.
- § 15-39-56 Jury trial and appeal waived by plaintiff--Right to jury trial if action removedby defendant.
- § 15-39-57 Claim of trial by court or jury by defendant--Affidavit--Special rule indesignated judicial circuit governing removal to the regular civil docket of thecourt--Entry fee and undertaking.
- § 15-39-58 Transmittal of papers upon removal--Pleadings and speedy trial.
- § 15-39-59 Repealed.
- § 15-39-60 Repealed.
- § 15-39-61 Separation of parties when removal sought as to part--Copies of paperstransmitted in lieu of originals.
- § 15-39-62 Docket entries transmitted on removal to circuit court.
- § 15-39-63 Repealed.
- § 15-39-64 Default of defendant failing to comply with requirements.
- § 15-39-65 Docket entry as to defense--Contents of entry.
- § 15-39-66 Setoff or counterclaim stated by defendant--Notice to plaintiff andpostponement of hearing--Answer by plaintiff--Request for jury trial orpetition for removal on non-compulsory counterclaims--Provisions notcompulsory.
- § 15-39-67 Amendment of claim or answer.
- § 15-39-68 Disposition of claim on failure of plaintiff to appear for hearing.
- § 15-39-69 Venue.
- § 15-39-70 Subpoenas for witnesses.
- § 15-39-71 Witnesses and evidence received on hearing.
- § 15-39-72 Signature of docket on determination of action.
- § 15-39-73 Items allowable as costs--Costs assessed for delay or vexatious claim ordefense--Judgment and execution for costs.
- § 15-39-74 Court order as to method of payment of judgment--Stay of execution duringcompliance.
- § 15-39-75 Grounds for vacation of judgment and stay of execution--Repayment ordered.
- § 15-39-76 Costs awarded on motion to vacate judgment.
- § 15-39-76.1 Notice of payment of judgment.
- § 15-39-76.2 Cancellation of judgment or transcript--Notice by prevailing party or attorney.
- § 15-39-77 Guardian ad litem.
- § 15-39-78 Forms for use in small claims procedure.
- § 15-39-79 Use of chapter procedures to collect unreimbursed medical or health carecosts from other parent.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.