2021 South Dakota Codified Laws
Title 21 - Judicial Remedies
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-7 - Filing of complaint and summons--Form for summons.
21-41-7. Filing of complaint and summons--Form for summons.
The action shall be commenced by the filing of a complaint in the office of the clerk of courts of the county in which the real estate or some part thereof is situated, and the issuance of a summons, which, after the title of the action, shall be substantially in the following form: The State of South Dakota, to the Above Named Defendants:
You are hereby summoned and required to answer the complaint of the plaintiff, which was filed in the office of the clerk of this court, at ________ in ________ county, South Dakota, on the ________ day of ________, 20__, and which prays for a judgment quieting the title to and the determination of all adverse claims against the premises described in the complaint, (or which prays for a judgment determining all interests in and liens against the premises described in the complaint as the case may be), situate in said county, to wit: ________, and to serve a copy of your answer to said complaint on the undersigned at their office in ________, within thirty days after the completed service of this summons upon you, exclusive of the day of such service; and if you fail to answer said complaint within that time, the plaintiff will apply to the court for the relief demanded in the complaint.
_____________________________
Attorneys for Plaintiff.
Source: SL 1903, ch 194, §5; SL 1905, ch 81; RC 1919, §2850; Supreme Court Rule 582, 1939; SDC 1939 & Supp 1960, §37.1511.
