Section 18-7-8 – Relation to Electronic Signatures in Global and National Commerce Act.
18-7-8.Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the […]
Section 18-8-1 – Definitions.
18-8-1. Definitions. Terms used in this chapter mean: (1)“Electronic,” relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2)“Electronic presence,” the relationship of two or more individuals in different locations communicating by means of video communication technology; (3)“Instrument,” a will, a declaration, a power of attorney, a pre-need cremation authorization, or […]
Section 18-5-18 – Citation of chapter.
18-5-18. Citation of chapter. This chapter may be cited as the Uniform Acknowledgment Act. Source: SL 1941, ch 215, §13; SDC Supp 1960, §51.16A13.
Section 18-6-1 – Short title.
18-6-1. Short title. This chapter may be cited as the Uniform Unsworn Foreign Declarations Act. Source: SL 2012, ch 257, §1 (Supreme Court Rule 12-03), eff. July 1, 2012.
Section 18-6-2 – Definitions.
18-6-2. Definitions. In this chapter: (1)”Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. (2)”Law” includes the federal or a state constitution, a federal or state statute, a judicial decision […]
Section 18-6-3 – Applicability.
18-6-3. Applicability. This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a declarant […]
Section 18-6-4 – Validity of unsworn declaration.
18-6-4. Validity of unsworn declaration. (a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. (b) This chapter does not apply to: (1)A deposition under §15-6-26; […]
Section 18-6-5 – Required medium.
18-6-5. Required medium. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium. Source: SL 2012, ch 257, §5 (Supreme Court Rule 12-03), eff. July 1, 2012.
Section 18-6-6 – Form of unsworn declaration.
18-6-6. Form of unsworn declaration. An unsworn declaration under this chapter must be in substantially the following form: FORM OF UNSWORN DECLARATION I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, […]
Section 18-7-1 – Short title.
18-7-1. Short title. This chapter may be cited as the Uniform Unsworn Domestic Declarations Act. Source: SL 2018, ch 128, §1.