15-39-47. 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, a member, manager, or local manager of a limited liability company 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; SL 2014, ch 251 (Supreme Court Rule 13-09), eff. Jan. 1, 2014.
Structure South Dakota Codified Laws
Chapter 39 - Small Claims Procedure
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 15-39-49 - 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 15-39-53 - 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 15-39-58 - Transmittal of papers upon removal--Pleadings and speedy trial.
Section 15-39-62 - Docket entries transmitted on removal to circuit court.
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 15-39-67 - Amendment of claim or answer.
Section 15-39-68 - Disposition of claim on failure of plaintiff to appear for hearing.
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 15-39-75 - 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.