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 […]
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.
Section 15-39-47 – Persons authorized to act as attorney–Notice to attorney.
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 […]
Section 15-39-48 – Plaintiff’s statement of claim to clerk–Entry in docket–Signature–Contents–Multiple claims–Beginning of action.
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 […]