The following words have in this title the significance attached to them in this section unless otherwise apparent from the context:

(1) An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement, determination, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Every other remedy is a special proceeding;

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Terms Used In South Dakota Codified Laws 15-1-1

  • Summons: Another word for subpoena used by the criminal justice system.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(2) The word “writ” signifies an order or precept in writing, issued in the name of the state or of a court or judicial officer; and the word “process” a writ or summons issued in the course of judicial proceedings. All process in civil actions shall run in the name of the State of South Dakota;

(3) The word “state,” when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words “United States” may include the district and territories and other possessions of the United States.

Source: SDC 1939 & Supp 1960, § 33.0102; SL 1984, ch 12, § 33.