Collections
South Dakota Codified Laws

Chapter 15-39

S.D. Codified Laws ch. 15-39

Small Claims Procedure

15-39-115-39-1, 15-39-2. Superseded 15-39-315-39-3, 15-39-4. Repealed by SL 1980, ch 168, §§ 7, 8 15-39-515-39-5 to 15-39-44. Superseded 15-39-45Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted.15-39-45.1Jurisdictional amount of claim.15-39-46Alternative to action begun by summons.15-39-47Persons authorized to act as attorney--Notice to attorney.15-39-48Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.15-39-49Addresses of parties stated to clerk--Filing in docket.15-39-50Determination of sufficiency of plaintiff's statement.15-39-51Deputy clerk authorized to act--Magistrate to perform clerk's duties.15-39-52Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.15-39-53Court rules may provide for modified procedure.15-39-54Time of hearing on claim.15-39-55Further notice on failure of delivery.15-39-56Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.15-39-57Claim 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.15-39-58Transmittal of papers upon removal--Pleadings and speedy trial.15-39-59RepealedRepealed 15-39-60RepealedRepealed 15-39-61Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.15-39-62Docket entries transmitted on removal to circuit court.15-39-63RepealedRepealed 15-39-64Default of defendant failing to comply with requirements.15-39-65Docket entry as to defense--Contents of entry.15-39-66Setoff 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.15-39-67Amendment of claim or answer.15-39-68Disposition of claim on failure of plaintiff to appear for hearing.15-39-69Venue.15-39-70Subpoenas for witnesses.15-39-71Witnesses and evidence received on hearing.15-39-72Signature of docket on determination of action.15-39-73Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.15-39-74Court order as to method of payment of judgment--Stay of execution during compliance.15-39-75Grounds for vacation of judgment and stay of execution--Repayment ordered.15-39-76Costs awarded on motion to vacate judgment.15-39-76.1Notice of payment of judgment.15-39-76.2Cancellation of judgment or transcript--Notice by prevailing party or attorney.15-39-77Guardian ad litem.15-39-78Forms for use in small claims procedure.15-39-79Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.