Title 15, CIVIL PROCEDURE

Service of process as authorized by § 15-7-6 shall be made by serving a copy thereof upon the secretary of state, or by filing the copy in the office of the secretary of state, together with payment of a fee of fifteen dollars. The service shall be sufficient service upon the abs…

When process is served pursuant to § 15-7-7 , the court in which the action is pending may order such continuance as may be necessary to afford the defendant or his personal representative reasonable opportunity to defend any such action not exceeding ninety days from the date of…

The use and operation of an aircraft in the State of South Dakota by a nonresident or his agent or by a resident owner or his agent who has remained without the state continuously for thirty days prior to the commencement of an action against him, shall be deemed an appointment b…

Where an action is against two or more defendants, and the summons is served on one or more but not on all of them, the plaintiff may proceed as provided by §§ 15-8-2 and 15-8-3 . Source: SDC 1939 & Supp 1960, § 33.0818.

A supplementary judgment rendered under the provisions of §§ 15-8-4 to 15-8-9 , inclusive, may be docketed and transcribed the same as any other judgment and may be enforced by execution or the application of the property which may be subjected to payment of the judgment and may …

For the purposes of §§ 15-8-12 to 15-8-22 , inclusive, the term "joint tort - feasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. Source: SL 1945,…

The right of contribution exists among joint tort - feasors. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A03 (1).

A joint tort - feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A03 (2).

A joint tort - feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort - feasor whose liability to the injured person is not extinguished by the settlement. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A0…

When there is such a disproportion of fault among joint tort - feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort - feasors shall be considered in determining their pro rata sh…

If the court enters judgment against any party liable on the basis of joint and several liability, any party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to…

In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. The trier of fact may determine that two or more persons are to be tr…

The recovery of a judgment by the injured person against one joint tort - feasor does not discharge the other joint tort - feasors. Source: SL 1945, ch 167 , § 3; SDC Supp 1960, § 33.04A04.

A release by the injured person of one joint tort - feasor, whether before or after judgment, does not discharge the other tort - feasors unless the release so provides; but reduces the claim against the other tort - feasors in the amount of the consideration paid for the release…

A release by the injured person of one joint tort - feasor does not relieve him from liability to make contribution to another joint tort - feasor unless the release is given before the right of the other tort - feasor to secure a money judgment for contribution has accrued, and …

Sections 15-8-11 to 15-8-22 , inclusive, do not impair any right of indemnity under existing law. Source: SL 1945, ch 167 , § 6; SDC Supp 1960, § 33.04A07.

If an action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendant served unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may b…

If any provision of §§ 15-8-11 to 15-8-22 , inclusive, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or applicat…

Sections 15-8-11 to 15-8-22 , inclusive, may be cited as the uniform contribution among tort - feasors law. Source: SL 1945, ch 167 , § 10; SDC Supp 1960, § 33.04A01.

If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein …

When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§ 15-8-1 to 15-8-3 , inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summo…

The summons provided in § 15-8-4 must be subscribed by the judgment creditor or his attorney; must describe the judgment and require the person summoned to show cause within thirty days after the service of the summons; and must be served in like manner as the original summons. S…

It is not necessary to file a new complaint in a proceeding authorized by § 15-8-4 , but the summons must be accompanied by an affidavit of the person subscribing it that the judgment has not been satisfied, to his knowledge or information and belief, and must specify the amount …

The party summoned pursuant to § 15-8-4 may answer within the time specified in § 15-8-5 , denying the judgment or setting up any defense which may have arisen subsequently; and he may make the same defense which he might have originally made to the action, except the statute of …

The party issuing summons pursuant to § 15-8-4 may reply to the answer, and the issues may be tried and judgment may be given in the same manner as in an action. Source: SDC 1939 & Supp 1960, § 33.2304.

The answer and the reply described by §§ 15-8-7 and 15-8-8 must be verified in like cases and manner, and be subject to the same rules as the answer and reply in an action. Source: SDC 1939 & Supp 1960, § 33.2304.

In cases in which the plaintiff is a nonresident of the state or a foreign corporation or a foreign limited liability company at the time of commencing the action or if the plaintiff removes from the state after its commencement, the plaintiff shall furnish sufficient security fo…

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the action is for the foreclosure of a lien on real or personal property in this state. Source: SDC 1939 & Supp 1960, § 33.0812 (4).

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a private corporation created by the laws of this state or of the territory of Dakota, which has no known office or place of business in this state and no known officer or agent resident i…

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a foreign corporation and the cause of action arose in this state, or where such defendant has property within this state and the court has jurisdiction over the subject of the action, and…

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent. Source: …

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is not a resident of this state but has property therein, and the court has jurisdiction of the subject of the action; and where by attachment, garnishment, or other process the plaintiff has…

When it is made to appear by affidavit, made by or on behalf of the plaintiff, that there is reason to believe that there may be unknown persons, whether personal representatives, devisees, legatees, heirs, or creditors, of any person having an interest in the subject matter of t…

If it be made to appear by affidavit to the satisfaction of the court, and the court shall find, that the place of residence of the person to be served is at a certain specified place without this state, and his post office address, whether within or without this state, be likewi…

In all actions affecting real property the order for service by publication of summons must direct the publication to be made in a newspaper printed in the county where the premises or some part thereof are situated, if a paper be published therein, and if none, then in the paper…

In all cases where the summons is served by publication, the complaint must be filed and the summons as published must state the date and place of such filing. The complaint need not be published. Source: SDC 1939, § 33.0813; SL 1947, ch 154 .

The court or judge must also direct a copy of the summons and complaint to be forthwith sent by first class mail, directed to the person to be served at his post office address unless it appears that the place of residence and post office address of such person is neither known t…

The surety required by § 15-9-1 must be a resident of the county where the action is brought and must be approved by the clerk. A sufficient corporate surety bond or deposit of cash accepted by the clerk shall also be sufficient surety. Source: SDC 1939 & Supp 1960, § 33.1820.

In any of the cases where service of summons, writ, order, or decree by publication is authorized in lieu thereof the same may and without any order of the court at the option of the party making service, be personally served upon any defendant in person without the state, or any…

The service of summons, writ, order, or decree by publication shall be deemed complete upon the last publication thereof ordered by the court. The time in which answer shall be required by the writ, order, or decree become effective, shall commence to run the day next following s…

The defendant against whom publication is ordered or his representatives on application and sufficient cause shown at any time before judgment must be allowed to defend the action; and, except in an action for divorce, the defendant against whom publication is ordered or his repr…

In case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, t…

The obligation of the surety required by § 15-9-1 shall be complete by endorsing the summons or complaint to the effect that he is surety for costs of the action and signing his name thereto or by the filing of surety bond or deposit of costs by the party. The surety shall be bou…

An action in which security for costs is required by § 15-9-1 , and has not been given, shall be dismissed on a motion and notice by the defendant at any time before judgment unless in a reasonable time to be allowed by the court such security for costs be given in an amount to b…

In an action in which security for costs has been given the defendant may at any time before judgment after reasonable notice to the plaintiff move the court for additional security on the part of the plaintiff and if on such motion the court be satisfied that the surety has remo…

If no personal judgment is asked against a defendant, the plaintiff or his attorney, over his signature, shall endorse upon the summons or attach thereto and serve or publish therewith a notice generally stating the object of the action briefly describing any property affected th…