15-39-45. Uniform rules of practice for circuit and magistrate courts–Purpose and scope of rules–Exemplary damages restricted. The Supreme Court may amend and repeal uniform rules of practice applicable to circuit and magistrate courts in this state, providing for a simple, informal, and inexpensive procedure, hereinafter called the procedure, for the determination according to the rules […]
15-39-45.1. Jurisdictional amount of claim. No claim pursuant to this chapter may exceed twelve thousand dollars, not including allowable costs or attorney fees. Source: SL 2011, ch 106, §1.
15-39-46. Alternative to action begun by summons. The procedure shall not be exclusive but shall be alternative to the formal procedure for actions begun by summons. Source: SDC 1939 & Supp 1960, §33.4101; SDCL, §15-39-2; Supreme Court Rule 81-4.
15-39-47. Persons authorized to act as attorney–Notice to attorney. The term, attorney, in this chapter means an attorney-at-law, who is an active member of the State Bar of the State of South Dakota, in good standing, one of a number of partners or joint plaintiffs, acting for all, an officer, manager, or local manager of […]
15-39-48. Plaintiff’s statement of claim to clerk–Entry in docket–Signature–Contents–Multiple claims–Beginning of action. The plaintiff initiating the action or the plaintiff’s attorney shall complete the information on the small claims form available in the clerk of courts office, and provide a written and signed statement of the cause of action to the clerk who shall docket […]
15-39-49. Addresses of parties stated to clerk–Filing in docket. The plaintiff or attorney shall also provide in writing to the clerk the plaintiff’s and the defendant’s place of residence, usual place of business, and the place of employment, or such thereof as the clerk may deem necessary, including the street and number, if any; and […]
15-39-50. Determination of sufficiency of plaintiff’s statement. The clerk shall serve in a supervisory role to determine whether or not plaintiff has met the criteria of sufficiency and clarity. If the clerk deems the statement of a cause of action insufficient, the court at the request of the plaintiff or the clerk shall decide whether […]
15-39-51. Deputy clerk authorized to act–Magistrate to perform clerk’s duties. The word “clerk” in this chapter shall include a deputy clerk. If a claim is filed with a magistrate, the duties to be performed by the clerk in this chapter shall be performed by the magistrate. Source: SDC 1939, §33.4106; Supreme Court Rule adopted May […]
15-39-52. Entry fee–Summons not required–Statement to clerk or magistrate in lieu of pleading–Fee exemption. The procedure shall include the beginning of actions with an entry fee of four dollars for actions up to one hundred dollars, ten dollars for actions up to one thousand dollars, and twenty dollars for actions over one thousand dollars, but […]
15-39-53. Court rules may provide for modified procedure. The procedure shall include notice by registered or certified mail, return receipt, in addition to all other forms of legal service, and shall further include provisions for early hearing of actions thus begun. The provisions may include the modification of any or all of existing rules of […]
15-39-54. Time of hearing on claim. The clerk shall fix the time set for the hearing or answer which shall not be less than five days from the beginning of the action. The time fixed should be sufficient to enable registered or certified mail, return receipt, by regular course to reach defendant and to enable […]
15-39-55. Notice valid though refused by defendant–Further notice on failure of delivery. Notice shall be valid although refused by the defendant and, therefore, not delivered. If the notice is returned undelivered, without refusal by the defendant, or if in any other way it appears that notice has not reached the defendant, the clerk shall issue, […]
15-39-56. Jury trial and appeal waived by plaintiff–Right to jury trial if action removed by defendant. A plaintiff beginning an action under the procedure shall be deemed to have waived a trial by jury and the right of appeal unless the action is removed, for formal hearing, to the regular civil docket of either circuit […]
15-39-57. Claim of trial by court or jury by defendant–Affidavit–Special rule in designated judicial circuit governing removal to the regular civil docket of the court–Entry fee and undertaking. No party may appeal any decision entered under this procedure. In lieu thereof, defendant may, five days prior to the date upon which the defendant is notified […]
15-39-58. Transmittal of papers upon removal–Pleadings and speedy trial. Upon removal, the clerk of courts shall forthwith transmit such original papers or attested copies thereof and the circuit or magistrate court may try the action as transmitted or may require pleading as in an action by summons, but the action shall be marked for trial […]
15-39-61. Separation of parties when removal sought as to part–Copies of papers transmitted in lieu of originals. In any action brought by or against two or more persons in which separate judgments are authorized by law, the party seeking removal may specify in the petition of jury trial the parties as to whom such trial […]
15-39-62. Docket entries transmitted on removal to circuit court. Upon removal of a cause to the circuit or magistrate court the original docket entries, or in case of removal by some of several defendants, an attested copy thereof shall be transmitted to the clerk of the circuit or magistrate court. Source: SDC 1939 & Supp […]
15-39-64. Default of defendant failing to comply with requirements. A defendant, unless the court shall otherwise order, shall be defaulted unless he shall, personally or by attorney, comply with the requirements of the notice served upon him. Source: SDC 1939 & Supp 1960, §33.4111; SDCL, §15-39-27; Supreme Court Rule 81-4.
15-39-65. Docket entry as to defense–Contents of entry. The clerk shall cause the substance of the defense to be entered in the docket, and the docket entry shall be deemed the answer. The answer shall state fully and specifically in writing, but in concise and untechnical form, what parts of the claim are contested, and […]
15-39-66. Setoff or counterclaim stated by defendant–Notice to plaintiff and postponement of hearing–Answer by plaintiff–Request for jury trial or petition for removal on non-compulsory counterclaims–Provisions not compulsory. The defendant within the time for answer may, in the manner provided in §15-39-48, claim any setoff or counterclaim within the jurisdiction of the court in civil cases. […]
