State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
15-39 SMALL CLAIMS PROCEDURE
CHAPTER 15-39

SMALL CLAIMS PROCEDURE

15-39-1, 15-39-2.      Superseded.
15-39-3, 15-39-4.      Repealed.
15-39-5 to 15-39-44.      Superseded.
15-39-45      Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted.
15-39-45.1      Jurisdictional amount of claim.
15-39-46      Alternative to action begun by summons.
15-39-47      Persons authorized to act as attorney--Notice to attorney.
15-39-48      Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.
15-39-49      Addresses of parties stated to clerk--Filing in docket.
15-39-50      Determination of sufficiency of plaintiff's statement.
15-39-51      Deputy clerk authorized to act--Magistrate to perform clerk's duties.
15-39-52      Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.
15-39-53      Court rules may provide for modified procedure.
15-39-54      Time of hearing on claim.
15-39-55      Notice valid though refused by defendant--Further notice on failure of delivery.
15-39-56      Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.
15-39-57      Claim of trial by court or jury by defendant--Affidavit--Special rule in designated judicial circuit governing removal to the regular civil docket of the court--Entry fee and undertaking.
15-39-58      Transmittal of papers upon removal--Pleadings and speedy trial.
15-39-59      Repealed.
15-39-60      Repealed.
15-39-61      Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.
15-39-62      Docket entries transmitted on removal to circuit court.
15-39-63      Repealed.
15-39-64      Default of defendant failing to comply with requirements.
15-39-65      Docket entry as to defense--Contents of entry.
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.
15-39-67      Amendment of claim or answer.
15-39-68      Disposition of claim on failure of plaintiff to appear for hearing.
15-39-69      Venue.
15-39-70      Subpoenas for witnesses.
15-39-71      Witnesses and evidence received on hearing.
15-39-72      Signature of docket on determination of action.
15-39-73      Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.
15-39-74      Court order as to method of payment of judgment--Stay of execution during compliance.


15-39-75      Grounds for vacation of judgment and stay of execution--Repayment ordered.
15-39-76      Costs awarded on motion to vacate judgment.
15-39-76.1      Notice of payment of judgment.
15-39-76.2      Cancellation of judgment or transcript--Notice by prevailing party or attorney.
15-39-77      Guardian ad litem.
15-39-78      Forms for use in small claims procedure.
15-39-79      Use of chapter procedures to collect unreimbursed medical or health care costs from other parent.


Title 15
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