21-32-4. Service of petition on attorney general--Answer and defense by attorney general.
Within five days after the filing of said petition with the clerk of courts the petitioner shall cause to be served upon the attorney general of the state, in the manner required for service of a summons in civil actions, a certified copy of such petition. Within thirty days after the service of such petition the attorney general may file with the clerk of courts his answer thereto; provided, the failure of the attorney general to file an answer shall not preclude him from participating in any hearing herein provided for and urging any defense or objection thereto he may deem proper.
Source: SL 1947, ch 156, §3; SDC Supp 1960, §33.4303.
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.