15-39-48. Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.
The plaintiff initiating the action or the plaintiff's attorney shall complete the information on the small claims form available in the clerk of courts office, and provide a written and signed statement of the cause of action to the clerk who shall docket the action. The statement must contain the facts upon which the claim is based and be accompanied by supporting documents. A cause of action is defined as a claim arising out of the same transaction or incident. Multiple claims or causes of action by multiple parties may be brought against a defendant, or against defendants provided liability is joint and several. The docketing by the clerk shall be deemed the beginning of the action.
Source: SDC 1939 & Supp 1960, §33.4108; SDCL, §15-39-8; Supreme Court Rule 81-4; SL 1988, ch 424 (Supreme Court Rule 87-5); Supreme Court Rule 98-29; SL 2001, ch 299 (Supreme Court Rule 01-07).
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.