Small Claims Procedure

  1. Law
  2. South Dakota Codified Laws
  3. Civil Procedure
  4. Small Claims Procedure

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Section
15-39-1

15-39-1, 15-39-2.Superseded

Section
15-39-3

15-39-3, 15-39-4.Repealed by SL 1980, ch 168, §§7, 8

Section
15-39-5

15-39-5 to 15-39-44.Superseded

Section
15-39-45

Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted.

Section
15-39-45.1

Jurisdictional amount of claim.

Section
15-39-46

Alternative to action begun by summons.

Section
15-39-47

Persons authorized to act as attorney--Notice to attorney.

Section
15-39-48

Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.

Section
15-39-49

Addresses of parties stated to clerk--Filing in docket.

Section
15-39-50

Determination of sufficiency of plaintiff's statement.

Section
15-39-51

Deputy clerk authorized to act--Magistrate to perform clerk's duties.

Section
15-39-52

Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.

Section
15-39-53

Court rules may provide for modified procedure.

Section
15-39-54

Time of hearing on claim.

Section
15-39-55

Notice valid though refused by defendant--Further notice on failure of delivery.

Section
15-39-56

Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.

Section
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.

Section
15-39-58

Transmittal of papers upon removal--Pleadings and speedy trial.

Section
15-39-59

15-39-59.Repealed by SL 2000, ch 260

Section
15-39-60

15-39-60.Repealed by Supreme Court Rule 97-17

Section
15-39-61

Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.

Section
15-39-62

Docket entries transmitted on removal to circuit court.

Section
15-39-63

15-39-63.Repealed by Supreme Court Rule 97-19

Section
15-39-64

Default of defendant failing to comply with requirements.

Section
15-39-65

Docket entry as to defense--Contents of entry.

Section
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.

Section
15-39-67

Amendment of claim or answer.

Section
15-39-68

Disposition of claim on failure of plaintiff to appear for hearing.

Section
15-39-69

Venue.

Section
15-39-70

Subpoenas for witnesses.

Section
15-39-71

Witnesses and evidence received on hearing.

Section
15-39-72

Signature of docket on determination of action.

Section
15-39-73

Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.

Section
15-39-74

Court order as to method of payment of judgment--Stay of execution during compliance.

Section
15-39-75

Grounds for vacation of judgment and stay of execution--Repayment ordered.

Section
15-39-76

Costs awarded on motion to vacate judgment.

Section
15-39-76.1

Notice of payment of judgment.

Section
15-39-76.2

Cancellation of judgment or transcript--Notice by prevailing party or attorney.

Section
15-39-77

Guardian ad litem.

Section
15-39-78

Forms for use in small claims procedure.

Section
15-39-79

Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.