21-16-1. Grounds for maintenance of action. An action of forcible entry and detainer, or of detainer only, is maintainable: (1)If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession of real property or the occupied structure of another, and detains the same; (2)If a party, after entering peaceably upon […]
21-16-10. Judgment for plaintiff. If the finding of the court or the verdict of the jury be in favor of the plaintiff, the judgment shall be for the delivery of possession to the plaintiff, and for rents and profits or damages, including those authorized by §21-3-8, where the same are claimed in the complaint, and […]
21-16-11. Attorney fees taxed as costs. In any case of forcible entry and detainer, or detainer only, the court may tax as a part of the costs in the case, to the prevailing party, reasonable attorney fees, whether a trial is had or not, if prevailing party is represented by a licensed attorney. Source: SL […]
21-16-12. Time of serving execution. No execution for possession can be served except in the daytime. Source: SL 1881, ch 87, §2; CL 1887, §6080; RJustC 1903, §51; RC 1919, §2178; SDC 1939 & Supp 1960, §37.3908.
21-16-2. Notice to quit required before commencement of proceedings–Service and return. In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days’ written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons […]
21-16-3. Jurisdiction of courts. Any circuit court or magistrate court presided over by a magistrate judge has jurisdiction in any case of forcible entry and detainer, or of detainer only, of real property or an occupied structure within its county. Source: SDC 1939 & Supp 1960, §37.3901; SL 1974, ch 153, §38; SL 1992, ch […]
21-16-4. Joinder of actions. An action under the provisions of this chapter cannot be brought in connection with any other except for rents and profits or damages but the plaintiff may bring separate actions for the same if he so desire. Source: SL 1881, ch 87, §2; CL 1887, §6080; RJustC 1903, §51; RC 1919, […]
21-16-5. Survival of cause despite death of plaintiff. The legal representative of a person who might have been plaintiff, if alive, may bring an action under this chapter after his death. Source: JustC 1877, §36; CL 1887, §6075; RJustC 1903, §46; RC 1919, §2173; SDC 1939 & Supp 1960, §37.3904.
21-16-6. Verified Complaint–Service with Summons–Procedure. The complaint shall be in writing and verified by the plaintiff or the plaintiff’s agent or signed by the plaintiff’s attorney, and served with a summons. A sheriff, any person legally authorized to effect service under §15-6-4(c), or constable of the county shall attempt to serve a lessee, subtenant, or […]
21-16-6.1 . Service by publication–Exemption. On the same day as the first attempted service under §21-16-6, the plaintiff bringing an action of forcible entry and detainer, or of detainer only, under § 21-16-1 may cause the summons to be published in a legal newspaper printed in the county where the subject property is located or […]
21-16-7. Time for appearance by defendant. The time for appearance and pleading shall be four days from the time of service on the defendant or thirty days after the publication of service under §21-16-6.1, whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall […]
21-16-8. Time action brought on for trial–Special venire in jury cases. An action under this chapter may be brought on for trial upon two days’ notice after issue is joined. If a jury trial be demanded and no jury is in attendance on the day the action is noticed for trial, the court shall cause […]
21-16-9. Certification to circuit court of title and boundary questions raised in magistrate court. If the title to or boundary of the real property or the title to an occupied structure in any wise comes in question, in magistrate court, the case shall be certified to the circuit court as provided by rule of the […]
