15-39-47 Persons authorized to act as attorney--Notice to attorney.
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 a corporation acting for it, or, in the case of actions by or against the
State of South Dakota, its agencies, or its employees acting within the scope of their employment,
a representative designated in writing by the commissioner of the Bureau of Administration; and,
unless and until there is a removal of the action pursuant to § 15-39-57. A representative of the
Bureau of Administration is not required to have an appointment from the attorney general in order
to appear in small claims court. The term includes an assignee of any claim, or the agent, manager,
or officer of an assignee of any claim, if the assignment is bona fide and for a valuable consideration.
Any assignment made for collection purposes only is considered bona fide, within the meaning of
this chapter. In the event of removal pursuant to § 15-39-57, the term does not include such assignee
or officer, agent, manager or local manager thereof or of a corporation or representative designated
by the commissioner of the Bureau of Administration.
Notice to such attorney for a party shall be equivalent to notice to such party.
Source: SDC 1939, § 33.4106; Supreme Court Rule adopted May 1, 1942; SDCL, § 15-39-7; SL
1978, ch 147, § 1; Supreme Court Rule 81-4; SL 1996, ch 5, § 4.