Source: SD RCP, Rule 3, as adopted by Sup

Ct. Order March 29, 1966, effective July 1, 1966. 15-6-4(a). Summons--Form. The summons shall be legibly subscribed by the plaintiff or his attorney and shall include the subscriber's address. It shall be directed to the defendant, and shall require him to answer the complaint and serve a copy of his answer on the subscriber at the subscriber's address 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. Source: SDC 1939 & Supp 1960, § 33.0803; SD RCP, Rule 4 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2010, ch 251 (Supreme Court Rule 09-07), eff. Sept. 24, 2009. 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. Source: SDC 1939 & Supp 1960, § 33.0821; SD RCP, Rule 4 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. 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. Source: SDC 1939 & Supp 1960, § 33.0806; SD RCP, Rule 4 (c), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 147 , § 1; SL 1994, ch 155 ; SL 1999, ch 102 , § 1. 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 is against a business entity, on the president, partner or other head of the entity, officer, director, or registered agent thereof. If any of the above cannot be conveniently found, service may be made by leaving a copy of the summons and complaint at any office of such business entity within this state, with the person in charge of such office; (i) A business entity for purposes of this subdivision shall include, but not be limited to: A. Domestic and foreign corporations; B. Domestic and foreign partnerships; C. Limited liability companies; D. Entities with fictitious names; and E. Any entity required to have a registered agent with the Secretary of State. (2) If the action is 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; (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; (3) If the action is against a minor, upon a parent or person having custody, and if the minor is over the age of fourteen years, then also upon such minor personally, and in any event upon the legally appointed guardian, guardian ad litem or conservator, if there is one; (4) If the action is 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; (5) If the action is 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; (6) If the action is 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); (7) 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; (8) In all other cases, to the defendant personally; and (9) If the action is 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 courts 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 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, general or registered 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. Source: SDC 1939 & Supp 1960, § 33.0807; SD RCP, Rule 4(d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1984, ch 144 , § 1; SL 1986, ch 159 ; SL 1992, ch 60 , § 2; SL 1993, ch 213 , § 87; SL 2002, ch 248 , § 1; SL 2003, ch 114 , § 1; SL 2005, ch 287 (Supreme Court Rule 05-01), effective Feb. 25, 2005. 15-6-4(e). Service by leaving copy with resident of defendant's dwelling. 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 the defendant's dwelling with someone over the age of fourteen years who resides there. Source: SDC 1939 & Supp 1960, § 33.0808; SD RCP, Rule 4 (e), as adopted by Sup. Ct. Order March 29, 1966, eff. July 1, 1966; SL 2005, ch 288 (Supreme Court Rule 05-02), eff. Feb. 25, 2005; SL 2016, ch 237 (Supreme Court Rule 15-15 ), eff. Jan. 1, 2016. 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. Source: SD RCP, Rule 4 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. 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. Source: SDC 1939, §§ 33.0810, 33.0816; SL 1945, ch 146 ; SD RCP, Rule 4 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 11147, § 2; SL 1985, ch 159 , § 2. 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. Source: SD RCP, Rule 4 (h), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. 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. Source: SL 1985, ch 159 , § 1. 15-6-4(j). Form of notice and admission of service by mail. The notice and admission of service provided for in § 15-6-4(i) shall be substantially in the following form: NOTICE AND ADMISSION OF SERVICE BY MAIL STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF __________ ________ JUDICIAL CIRCUIT _________________________, Plaintiff NOTICE AND ADMISSION OF vs. SUMMONS/SUMMONS AND _________________________, Defendant COMPLAINT NOTICE To: ____________________ The enclosed summons is served pursuant to § 15-6-4. You must complete the admission part of this form and return one copy of the completed form to the sender within twenty days. You must sign and date the admission. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return the form to the sender within twenty days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer within thirty days. If you fail to do so, judgment by default will be taken against you for a relief demanded. I hereby certify that this Notice and Admission of Service was mailed on ________. __________ Signature __________ Date of Signature ADMISSION OF SERVICE OF SUMMONS/SUMMONS AND COMPLAINT Personal service of the enclosed Summons/Summons and Complaint is hereby admitted by receipt of copies thereof at ________, South Dakota, this ________ day of ________, 20____. __________ Signature __________ Relationship to Entity/ Authority to Receive Service of Process __________ Date of Signature Source: SL 1985, ch 159 , § 3. 15-6-5(a) . Service--When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written brief, notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in § 15-6-4. Source: SDC 1939 & Supp 1960, § 33.0819; SD RCP, Rule 5 (a), as adopted by Sup. Ct. Order Mar. 29, 1966, eff. July 1, 1966; SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2021, ch 253 (Supreme Court Rule 21-01), eff. Feb. 23, 2021; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023. 15-6-5(b) . Service--How made--Proof. (1) Unless otherwise ordered by the court or provided by rule, whenever this chapter requires or permits service to be made upon a party represented by an attorney, the service shall be made upon the attorney. (2) Unless otherwise ordered by the court, all documents filed with the court electronically through the Odyssey® system or served electronically through the Odyssey® system are presumed served upon all attorneys of record at the time of submission. (3) Documents not filed with the court may be served upon an attorney by any of the following methods: A. electronically through the Odyssey® system; B. by electronic mail, using the email address designated by the attorney or law firm for service, or if none, the email address published in the Membership Directory of the State Bar of South Dakota; C. by first class mail to the attorney’s last known address, which is complete upon mailing; D. by facsimile transmission subject to the following conditions: (i) the attorney upon whom service is made has the necessary equipment to receive such transmission; (ii) the attorney has agreed to accept service by facsimile transmission, or has served the serving party in the same case by facsimile transmission; and (iii) the time and manner of transmission comply with the requirements of § 15-6-6(a) , unless otherwise established by the Court; or E. by delivery to the attorney, or an employee of the attorney, at the attorney’s office. (4) An attorney’s certificate of service, the written admission of service by the party or his attorney, or an affidavit of service are sufficient proof of service. (5) Unless otherwise ordered by the court, service upon a party not represented by counsel must be made using one of the following methods: A. by delivery to the party or leaving it at the party’s dwelling house or usual place of abode with some person over the age of fourteen years then residing therein; B. by first class mail to the party’s last known address, which is complete upon mailing; or C. if no address is known, by leaving it with the clerk of the court. (6) The provisions of § 15-6-5 do not apply to the service of a summons or other process or of any paper to bring a party into contempt. Source: SDC 1939 & Supp 1960, § 33.0819; SD RCP, Rule 5 (b), as adopted by Sup. Ct. Order Mar. 29, 1966, eff. July 1, 1966; SL 1991, ch 424 (Supreme Court Rule 90-01); SL 1991, ch 446 (Supreme Court Rule 91-12); SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023. 15-6-5(c). Service on numerous defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross - claim, counterclaim or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs. Source: SDC 1939 & Supp 1960, § 33.0819; SD RCP, Rule 5 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2004, ch 328 (Supreme Court Rule 04-01), effective July 1, 2004. 15-6-5(d). Filing of papers--Originals--Copies. The original of all papers served upon a party or presented to any court or judge in support of any application or motion and including the summons, all pleadings, notices, demands, offers, stipulations, affidavits, written motions, briefs, memorandums of law, and orders shall, if not filed before service, be filed with the court, together with proof of such service, forthwith upon such service. The foregoing requirement of filing applies to the notice of filing of an order and the notice of entry of a judgment together with proof of service thereof, both of which shall be filed forthwith; if not filed within ten days after service thereof, the time of service shall be deemed to be the date of filing of the notice and proof of service. If papers are not to be served, they must be filed with the court at the time of their presentation to the court for any action or consideration. Any electronic version of any paper or document shall have the same force and effect as the original. A certified copy of an original made by electronic transmission shall have the same force and effect as a certified copy of an original. Source: SDC 1939 & Supp 1960, §§ 33.0107, 33.0802; SD RCP, Rule 5 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 4, 1972, effective Jan. 1, 1973; SL 1981, ch 379 ; SL 1991, ch 447 (Supreme Court Rule 91-13); SL 1992, ch 147 ; SL 1992, ch 366 (Supreme Court Rule 92-1); SL 1999, ch 275 ; SL 2000, ch 255 (Supreme Court Rule 00-1); SL 2004, ch 328 (Supreme Court Rule 04-01), effective July 1, 2004; SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014; SL 2017, ch 224 (Supreme Court Rule 17-01), eff. Jan. 19, 2017. 15-6-5(e) . Definition--Filing with the court. Except as specifically exempted by these rules or court order, the filing of pleadings and other papers with the court as required by this chapter must be made through the Odyssey® electronic filing system with the clerk of the court. Self-represented parties may file electronically, but are not required to file electronically. Upon leave of court, an attorney required to file electronically may be granted leave of court to file paper documents with the clerk of court. The judge may permit a party to file papers with him or her, in which event the judge must note thereon the filing date and forthwith transmit them to the office of the clerk. Source: SDC 1939 & Supp 1960, § 33.0802; SD RCP, Rule 5 (e), as adopted by Sup. Ct. Order Mar. 29, 1966, effective July 1, 1966; SL 2004, ch 328 (Supreme Court Rule 04-01), effective July 1, 2004; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023. 15-6-5(f) . Repealed. Source: SL 1991, ch 448 (Supreme Court Rule 91-14); SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023. 15-6-5(g) . Documents not to be filed--Depositions. No depositions (except notices to take depositions), interrogatories, requests for documents, requests for admissions, and answers and responses thereto shall be filed with the clerk of the court except as provided in this section. Any such filing shall be made electronically in full-size print unless otherwise ordered by the court. Any exhibits to such documents shall be clearly identified and included as a separate electronic file or hyperlinked within the transcript file. Any discovery materials necessary for the disposition of any motion filed with the court or referenced in any filing with the court shall be attached as an exhibit to the party's motion or as an exhibit to a declaration, affidavit, or other similar filing. Financial account information filed with the court as an exhibit under this section shall be confidential pursuant to §§ 15-15A-8 and 15-15A-9 , and shall remain confidential unless and until access is granted by the court under §