21-41-7. Filing of complaint and summons--Form for summons.
The action shall be commenced by the filing of a complaint in the office of the clerk of courts of the county in which the real estate or some part thereof is situated, and the issuance of a summons, which, after the title of the action, shall be substantially in the following form: The State of South Dakota, to the Above Named Defendants:
You are hereby summoned and required to answer the complaint of the plaintiff, which was filed in the office of the clerk of this court, at ________ in ________ county, South Dakota, on the ________ day of ________, 20__, and which prays for a judgment quieting the title to and the determination of all adverse claims against the premises described in the complaint, (or which prays for a judgment determining all interests in and liens against the premises described in the complaint as the case may be), situate in said county, to wit: ________, and to serve a copy of your answer to said complaint on the undersigned at their office in ________, within thirty days after the completed service of this summons upon you, exclusive of the day of such service; and if you fail to answer said complaint within that time, the plaintiff will apply to the court for the relief demanded in the complaint.
_____________________________
Attorneys for Plaintiff.
Source: SL 1903, ch 194, §5; SL 1905, ch 81; RC 1919, §2850; Supreme Court Rule 582, 1939; SDC 1939 & Supp 1960, §37.1511.
Structure South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-4 - Joinder of parties plaintiff.
Section 21-41-5 - Joinder of known claimants as defendants.
Section 21-41-6 - Joinder of unknown claimants as defendants--Proof of want of knowledge.
Section 21-41-7 - Filing of complaint and summons--Form for summons.
Section 21-41-8 - Service of summons on named defendants.
Section 21-41-11 - Contents of complaint.
Section 21-41-13 - Disclaimer by defendant to avoid costs.
Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.
Section 21-41-17 - Enforcement against property of claim against deceased defendant.
Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.
Section 21-41-19 - Jurisdiction of decedent's estate from time of publication of summons.
Section 21-41-22 - Allowance of plaintiff's claim for improvements--Value alleged in complaint.
Section 21-41-24 - Bond required to indemnify against defenses permitted after judgment.