21-15-3. Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.
Upon filing the summons and complaint, and the affidavit pursuant to §21-15-2, the judge of the court having jurisdiction shall by order, require cause to be shown at a specified time and place, after reasonable notice to the defendant, why the plaintiff should not have delivery of the property claimed. Except as inconsistent with the provisions of this chapter, chapter 15-6 shall apply to the conduct of the hearing.
Source: CCivP 1877, §178; CL 1887, §4974; RCCivP 1903, §186; RC 1919, §2413; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, §37.3802; SL 1973, ch 145, §1.
Structure South Dakota Codified Laws
Chapter 15 - Claim And Delivery Of Personal Property
Section 21-15-2 - Contents of plaintiff's affidavit.
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 21-15-10.1 - 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 21-15-14 - Delivery of property to plaintiff if return not required by defendant.