South Dakota Codified Laws
Chapter 15 - Claim And Delivery Of Personal Property
Section 21-15-10.4 - Costs of justification.

21-15-10.4. Costs of justification.
The costs of the justification shall be paid by the plaintiff if the same is found not sufficient, but if sufficient, then the defendant shall pay the costs of the justification. The costs of such justification shall be taxed by the court as other costs are taxed.

Source: SL 1984, ch 159, ยง5.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 15 - Claim And Delivery Of Personal Property

Section 21-15-1 - Claim of immediate delivery permitted in action for possession of personal property--Time of claim.

Section 21-15-2 - Contents of plaintiff's affidavit.

Section 21-15-3 - Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.

Section 21-15-4 - Undertaking required of plaintiff--Contents--Waiver.

Section 21-15-5 - Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.

Section 21-15-6 - Seizure of property by sheriff--Safekeeping and delivery.

Section 21-15-7 - Seizure of property kept in building.

Section 21-15-8 - Papers served on defendant when property seized.

Section 21-15-9 - Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as waiver.

Section 21-15-10 - Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.

Section 21-15-10.1 - Notice of justification--Additional surety--Time and place of hearing.

Section 21-15-10.2 - Appearance and examination of sureties.

Section 21-15-10.3 - Allowance by judge--Effect.

Section 21-15-10.4 - Costs of justification.

Section 21-15-11 - Qualifications and justification of plaintiff's sureties.

Section 21-15-11.1 - Qualifications of bail.

Section 21-15-12 - Defendant's undertaking or deposit to retain possession--Terms.

Section 21-15-13 - Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify.

Section 21-15-14 - Delivery of property to plaintiff if return not required by defendant.

Section 21-15-15 - Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.

Section 21-15-16 - Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil action for failure or neglect.