South Dakota Codified Laws 21-65-7. Hearing on petition–Service of process
Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless the court grants a continuance for good cause. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.
Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
Terms Used In South Dakota Codified Laws 21-65-7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Continuance: Putting off of a hearing ot trial until a later time.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
The court shall exercise its discretion in a manner that protects the vulnerable adult from traumatic confrontation with the respondent.
Hearings shall be recorded.
Upon application, notice to all parties, and hearing, the court may modify the terms of an existing protection order.
Source: SL 2016, ch 120, § 9.