South Dakota Codified Laws
Chapter 39 - Small Claims Procedure
Section 15-39-64 - Default of defendant failing to comply with requirements.

15-39-64. Default of defendant failing to comply with requirements.
A defendant, unless the court shall otherwise order, shall be defaulted unless he shall, personally or by attorney, comply with the requirements of the notice served upon him.

Source: SDC 1939 & Supp 1960, §33.4111; SDCL, §15-39-27; Supreme Court Rule 81-4.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 39 - Small Claims Procedure

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 15-39-61 - 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 15-39-64 - 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.