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 […]
Section 15-39-75 – Grounds for vacation of judgment and stay of execution–Repayment ordered.
15-39-75. Grounds for vacation of judgment and stay of execution–Repayment ordered. The court may at any time after entry of judgment, upon motion, and after such notice, by mail or otherwise, as it may order, for cause shown, vacate any judgment entered under this procedure, for want of actual notice to a party, for error […]
Section 15-39-76 – Costs awarded on motion to vacate judgment.
15-39-76. Costs awarded on motion to vacate judgment. Costs in an amount fixed by the court not exceeding two hundred fifty dollars may be awarded, in the discretion of the court, for or against either party to a motion to vacate judgment, and judgment may be entered and execution may be issued therefor, and any […]
Section 15-39-65 – Docket entry as to defense–Contents of entry.
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 […]
Section 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.
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. […]
Section 15-39-54 – Time of hearing on claim.
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 […]
Section 15-39-55 – Notice valid though refused by defendant–Further notice on failure of delivery.
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, […]
Section 15-39-56 – Jury trial and appeal waived by plaintiff–Right to jury trial if action removed by defendant.
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 […]