7-12-20. Endorsement of fees for service of process for state--Fees not required of county.
If any sheriff or other officer serves any summons, subpoena, bench warrant, venire, or other process in any action to which the state is a party, the officer shall endorse upon the writ or process or upon a paper attached thereto, at the time of the return of service thereon, a statement of the fees for the service, the number of miles traveled, and the amount of mileage. If the sheriff fails to make the return with the statement and file the return with the clerk of the court from which the process issued before judgment is pronounced in the action to which the process relates, the sheriff may not receive any fee for the service. The county commissioners of the county where the service is performed are also prohibited from allowing the reimbursement. No fee may be required of a county, its officers, or board of county commissioners in any action commenced by the county.
Source: SL 1883, ch 54, §1; CL 1887, §1413; RPolC 1903, §1834; RC 1919, §5959; SDC 1939, §12.1005; SL 1984, ch 161, §6; SL 2016, ch 44, §27.
Structure South Dakota Codified Laws
Section 7-12-1 - Sheriff to preserve the peace--Apprehension of felons--Execution of process.
Section 7-12-2 - Office at county seat--Service and posting of notices.
Section 7-12-3 - Attendance on courts and county commissioners.
Section 7-12-4 - Compliance with attorney general's orders--Enforcement of laws.
Section 7-12-9 - Deputies, jailers, and clerks authorized by county commissioners--Compensation.
Section 7-12-10 - Appointment and removal of deputies, jailers, and clerks--Oath and bond.
Section 7-12-12 - Vehicles and equipment furnished to sheriff by county--Mileage payments not made.
Section 7-12-13 - Payment of expenses where vehicle furnished by county.
Section 7-12-14 - County reimbursement of expenses on official business.
Section 7-12-15 - Sheriff's salary schedule.
Section 7-12-18 - Fees and traveling expenses chargeable by sheriff.
Section 7-12-18.1 - Uncollectable fees removed as assets of county.
Section 7-12-19.1 - Fees paid to sheriff--Remittance to county treasurer.
Section 7-12-20 - Endorsement of fees for service of process for state--Fees not required of county.
Section 7-12-21 - Reimbursement of travel expense outside county.
Section 7-12-22 - Prisoner transportation expenses--State reimbursement.
Section 7-12-23 - Reimbursement for taking prisoner before judge.
Section 7-12-24 - Prisoner transportation allowances not considered fees for salary purposes.
Section 7-12-25 - Fees deposited in general fund.
Section 7-12-26 - County payment of judgments against sheriff and deputies.
Section 7-12-26.1 - Purchase of liability insurance for sheriff, deputies, and employees.
Section 7-12-27 - Reimbursement of sheriff and deputies paid from county general fund.
Section 7-12-28 - Failure to perform duty or account for fees as misdemeanor.