There is a newer version of the South Dakota Codified Laws
2016 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 Superseded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 Repealed.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 Superseded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 and scope 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 of pleading--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 of delivery.
- § 15-39-56 Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.
- § 15-39-57 Claim of trial by court or jury by defendant--Affidavit--Special rule in designated judicial circuit governing removal to the regular civil docket of the court--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- § 15-39-59 Repealed.
- § 15-39-60 Repealed.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 papers transmitted 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- § 15-39-63 Repealed.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 and postponement of hearing--Answer by plaintiff--Request for jury trial or petition for removal on non-compulsory counterclaims--Provisions not compulsory.
- § 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 or defense--Judgment and execution for costs.
- § 15-39-74 Court order as to method of payment of judgment--Stay of execution during compliance.
- § 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 small claims procedure to collect unreimbursed medical or health care costs 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.
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