21-32-3. Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state.
Upon the filing with the clerk of courts of the county in which such claim arose of a petition in form of a complaint duly verified, setting forth, among other things that the petitioner has a just and meritorious claim against the State of South Dakota for the payment of which no appropriation exists, the clerk of courts, upon payment of his fees, shall certify under his seal to the presiding circuit judge of the circuit in which such county lies the said petition whereupon the said presiding circuit judge shall appoint a circuit judge who shall act as such commissioner of claims as provided in this chapter. If the claim arose, or was otherwise reduced to judgment, in a jurisdiction outside of South Dakota, the petition shall be filed with the clerk of courts of the county where the petitioner resides or, if the petitioner does not reside in South Dakota, with the clerk of courts of Hughes County.
Source: SL 1947, ch 156, §2; SDC Supp 1960, §33.4302; SL 1978, ch 157, §2; SL 1992, ch 167.
Structure South Dakota Codified Laws
Chapter 32 - Remedies Against The State
Section 21-32-1 - Office of Commissioner of Claims created--Appointment of circuit judge to act.
Section 21-32-2 - Limitation of actions on claims against the state.
Section 21-32-4 - Service of petition on attorney general--Answer and defense by attorney general.
Section 21-32-5 - Time and place fixed for hearing claim--Notice to attorney general.
Section 21-32-6 - Evidence received at hearing on claim--Adjournment of hearing.
Section 21-32-8 - State as defendant in actions involving property.
Section 21-32-11 - Undertaking for costs filed by plaintiff in Supreme Court action.
Section 21-32-13 - Trial of action in Supreme Court.
Section 21-32-15 - Liability insurance--Purchase by state.
Section 21-32-16 - Waiver of immunity to extent of insurance coverage--Consent to suit.
Section 21-32-17 - Immunity of state officers, employees, and agents.
Section 21-32-18 - Service on attorney general required for waiver--Judgment void without service.
Section 21-32-19 - Payment of certain medical and property damage claims against state--Rules.