Verified Complaint--Service with Summons--Procedure.

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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 party in possession with a minimum of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.

On the second service attempt, the summons may be posted in a conspicuous place on the property and delivered to a person there residing, if such person can be found, and also sent by first class mail addressed to the tenant at the place where the property is situated.

Source: JustC 1877, §37; CL 1887, §6076; RJustC 1903, §47; RC 1919, §2174; SDC 1939 & Supp 1960, §37.3905; SL 2020, ch 74, § 1.


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