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 […]
Section 15-39-49 – Addresses of parties stated to clerk–Filing in 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 […]
Section 15-39-50 – Determination of sufficiency of plaintiff’s statement.
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 […]
Section 15-38-32 – (Rule 5(a)) Verbatim record kept by magistrate–Means of recording.
15-38-32.(Rule 5(a)) Verbatim record kept by magistrate–Means of recording. Except in small claims proceedings, a verbatim record of all proceedings and evidence at trials before a magistrate shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct, but if any party to the action requests stenographic reporting of the […]
Section 15-38-33 – (Rule 5(b)) Order for transcript of verbatim record–Waiver by stipulation.
15-38-33.(Rule 5(b)) Order for transcript of verbatim record–Waiver by stipulation. When an appeal is taken, the appellant shall petition the circuit court for an order that a transcript of the verbatim record of the proceedings be prepared. The transcript shall be filed within thirty days of the service of the order upon the court reporter. […]
Section 15-38-34 – (Rule 5(c)) Cost of transcript.
15-38-34.(Rule 5(c)) Cost of transcript. The cost of the preparation of the transcript shall be paid by the appellant upon the filing of the same. Source: Supreme Court Rule 78-4, Rule 5 (c).
Section 15-38-35 – (Rule 5(d)) Form of transcript.
15-38-35.(Rule 5(d)) Form of transcript. The transcript shall be prepared in the form and manner prescribed for transcripts in appeals to the Supreme Court. Source: Supreme Court Rule 78-4, Rule 5 (d).
Section 15-38-36 – (Rule 6(a)) Form of briefs.
15-38-36.(Rule 6(a)) Form of briefs. The briefs shall be prepared in the form and manner prescribed for appeals to the Supreme Court unless otherwise set by rule of the circuit court. Source: Supreme Court Rule 78-4, Rule 6 (a).