Section 15-39-61 – Separation of parties when removal sought as to part–Copies of papers transmitted in lieu of originals.
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 […]
Section 15-39-62 – Docket entries transmitted on removal to circuit court.
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 […]
Section 15-39-64 – Default of defendant failing to comply with requirements.
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.
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 15-39-52 – Entry fee–Summons not required–Statement to clerk or magistrate in lieu of pleading–Fee exemption.
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 […]
Section 15-39-53 – Court rules may provide for modified procedure.
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 […]
Section 15-39-45 – Uniform rules of practice for circuit and magistrate courts–Purpose and scope of rules–Exemplary damages restricted.
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 […]
Section 15-39-45.1 – Jurisdictional amount of claim.
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.
Section 15-39-46 – Alternative to action begun by summons.
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.