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 15-39-67 – Amendment of claim or answer.
15-39-67. Amendment of claim or answer. The court may at any time allow any claim or answer to be amended. Source: SDC 1939 & Supp 1960, §33.4113; SDCL, §15-39-30; Supreme Court Rule 81-4.
Section 15-39-68 – Disposition of claim on failure of plaintiff to appear for hearing.
15-39-68. Disposition of claim on failure of plaintiff to appear for hearing. If the plaintiff does not appear at any time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant or make such other disposition as may be proper. Source: SDC […]
Section 15-39-69 – Venue.
15-39-69. Venue. The venue is limited to the county of the residence of the defendant, if the defendant is a natural person, or the county in which the cause of action arose. If the defendant is a corporation, limited liability company, or a partnership, the proceedings shall be commenced in any county in which the […]
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 […]