South Dakota Codified Laws 15-9-6. Endorsement of summons when no personal claim made against defendant–Costs nottaxed–Plaintiff’s liability for costs on failure to serve notice
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If no personal judgment is asked against a defendant, the plaintiff or his attorney, over his signature, shall endorse upon the summons or attach thereto and serve or publish therewith a notice generally stating the object of the action briefly describing any property affected thereby and stating that no personal claim is made against such defendant. No costs shall be taxed or money judgment taken against such defendant unless he defends the action. Failure to serve such notice shall render the plaintiff liable for costs to an answering defendant entitled to such notice.
Terms Used In South Dakota Codified Laws 15-9-6
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Summons: Another word for subpoena used by the criminal justice system.
Source: SDC 1939 & Supp 1960, § 33.0804.