§ 15-39-45 Uniform rules of practice for circuit and magistrate courts–Purpose and scope of rules–Exemplary damages restricted
§ 15-39-45.1 Jurisdictional amount of claim
§ 15-39-46 Alternative to action begun by summons
§ 15-39-47 Persons authorized to act as attorney–Notice to attorney
§ 15-39-48 Plaintiff’s statement of claim to clerk–Entry in docket–Signature–Contents–Multiple claims–Beginning of action
§ 15-39-49 Addresses of parties stated to clerk–Filing in docket
§ 15-39-50 Determination of sufficiency of plaintiff’s statement
§ 15-39-51 Deputy clerk authorized to act–Magistrate to perform clerk’s duties
§ 15-39-52 Entry fee–Summons not required–Statement to clerk or magistrate in lieu of pleading–Fee exemption
§ 15-39-53 Court rules may provide for modified procedure
§ 15-39-54 Time of hearing on claim
§ 15-39-55 Notice valid though refused by defendant–Further notice on failure of delivery
§ 15-39-56 Jury trial and appeal waived by plaintiff–Right to jury trial if action removed by defendant
§ 15-39-57 Claim of trial by court or jury by defendant–Affidavit–Special rule in designated judicial circuit governing removal to the regular civil docket of the court–Entry fee and undertaking
§ 15-39-58 Transmittal of papers upon removal–Pleadings and speedy trial
§ 15-39-61 Separation of parties when removal sought as to part–Copies of papers transmitted in lieu of originals
§ 15-39-62 Docket entries transmitted on removal to circuit court
§ 15-39-64 Default of defendant failing to comply with requirements
§ 15-39-65 Docket entry as to defense–Contents of entry
§ 15-39-66 Setoff or counterclaim stated by defendant–Notice to plaintiff and postponement of hearing–Answer by plaintiff–Request for jury trial or petition for removal on non-compulsory counterclaims–Provisions not compulsory
§ 15-39-67 Amendment of claim or answer
§ 15-39-68 Disposition of claim on failure of plaintiff to appear for hearing
§ 15-39-69 Venue
§ 15-39-70 Subpoenas for witnesses
§ 15-39-71 Witnesses and evidence received on hearing
§ 15-39-72 Signature of docket on determination of action
§ 15-39-73 Items allowable as costs–Costs assessed for delay or vexatious claim or defense–Judgment and execution for costs
§ 15-39-74 Court order as to method of payment of judgment–Stay of execution during compliance
§ 15-39-75 Grounds for vacation of judgment and stay of execution–Repayment ordered
§ 15-39-76 Costs awarded on motion to vacate judgment
§ 15-39-76.1 Notice of payment of judgment
§ 15-39-76.2 Cancellation of judgment or transcript–Notice by prevailing party or attorney
§ 15-39-77 Guardian ad litem
§ 15-39-78 Forms for use in small claims procedure
§ 15-39-79 Use of small claims procedure to collect unreimbursed medical or health care costs from other parent
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Terms Used In South Dakota Codified Laws > Title 15 > Chapter 39 - Small Claims Procedure

  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2