Section 15-39-76.1 – Notice of payment of judgment.
15-39-76.1. Notice of payment of judgment. The lienholder shall notify the clerk upon full payment of the judgment, and the clerk shall satisfy the judgment at no charge to the parties involved. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the […]
Section 15-39-76.2 – Cancellation of judgment or transcript–Notice by prevailing party or attorney.
15-39-76.2. Cancellation of judgment or transcript–Notice by prevailing party or attorney. Any judgment or transcript of a judgment rendered or docketed in small claims court shall be cancelled and discharged by the clerk of courts upon written notice by either the party in whose favor the judgment was obtained or that party’s attorney. Source: SL […]
Section 15-39-77 – Guardian ad litem.
15-39-77. Guardian ad litem. When a minor is a party to a small claims action, a parent or guardian or conservator shall be considered a guardian ad litem for purpose of commencing said action or receiving service thereof. Source: Supreme Court Rule 81-4; SL 1993, ch 213, §92.
Section 15-39-78 – Forms for use in small claims procedure.
15-39-78. Forms for use in small claims procedure. The following forms are prescribed for use in small claims procedure, but failure to use or fill out completely or accurately any of the same shall not avoid any acts done pursuant to this chapter provided compliance with the preceding sections is made and the information required […]
Section 15-39-79 – Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.
15-39-79. Use of small claims procedure to collect unreimbursed medical or health care costs from other parent. Notwithstanding any other provision of law, a parent, guardian, or custodian is entitled to use the procedures provided in this chapter to collect unreimbursed medical or health care costs incurred on behalf of a child from the other […]
Section 15-39-70 – Subpoenas for witnesses.
15-39-70. Subpoenas for witnesses. Subpoenas for witnesses, if requested, will be issued by the clerk and served according to the specifications of §15-6-45(c). Source: SDC 1939 & Supp 1960, §33.4109; SDCL, §15-39-34; Supreme Court Rule 81-4; SL 1988, ch 428 (Supreme Court Rule 87-9).
Section 15-39-71 – Witnesses and evidence received on hearing.
15-39-71. Witnesses and evidence received on hearing. Witnesses shall be sworn; but the court shall conduct the hearing in such order and form and with such methods of proof as it deems best suited to discover the facts and to determine the justice of the case. Interrogatories shall not be filed nor depositions taken, except […]
Section 15-39-72 – Signature of docket on determination of action.
15-39-72. Signature of docket on determination of action. After the determination of the action, the judge or magistrate shall affix his signature to the docket card. Source: SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-36; Supreme Court Rule 81-4.
Section 15-39-73 – Items allowable as costs–Costs assessed for delay or vexatious claim or defense–Judgment and execution for costs.
15-39-73. Items allowable as costs–Costs assessed for delay or vexatious claim or defense–Judgment and execution for costs. The actual cash disbursements of the prevailing party for entry fee, mailing fees, witness fees, and officers’ fees shall be allowed as costs. No other costs shall be allowed either party, except by special order of the court. […]
Section 15-39-74 – Court order as to method of payment of judgment–Stay of execution during compliance.
15-39-74. Court order as to method of payment of judgment–Stay of execution during compliance. The court may order that the judgment shall be paid to the prevailing party at a certain date or by specified installments, and may stay the issue of execution and other supplementary process during compliance with such order. Such stay shall […]