§ 21-15-1 Claim of immediate delivery permitted in action for possession of personal property–Time of claim
§ 21-15-2 Contents of plaintiff’s affidavit
§ 21-15-3 Order to defendant to show cause against delivery of property to plaintiff–Procedurein hearing
§ 21-15-4 Undertaking required of plaintiff–Contents–Waiver
§ 21-15-5 Cash in lieu of undertaking deposited with clerk or judge–Terms of deposit
§ 21-15-6 Seizure of property by sheriff–Safekeeping and delivery
§ 21-15-7 Seizure of property kept in building
§ 21-15-8 Papers served on defendant when property seized
§ 21-15-9 Defendant’s exception to sufficiency of plaintiff’s sureties–Failure to except aswaiver
§ 21-15-10 Justification by plaintiff’s sureties–Responsibility of sheriff–Exceptions waive rightto retain property
§ 21-15-10.1 Notice of justification–Additional surety–Time and place of hearing
§ 21-15-10.2 Appearance and examination of sureties
§ 21-15-10.3 Allowance by judge–Effect
§ 21-15-10.4 Costs of justification
§ 21-15-11 Qualifications and justification of plaintiff’s sureties
§ 21-15-11.1 Qualifications of bail
§ 21-15-12 Defendant’s undertaking or deposit to retain possession–Terms
§ 21-15-13 Justification by defendant’s sureties and delivery of property–Responsibility ofsheriff–Delivery to plaintiff on failure to justify
§ 21-15-14 Delivery of property to plaintiff if return not required by defendant
§ 21-15-15 Notice to sheriff of third-party claim to property–Indemnity required of plaintiff
§ 21-15-16 Sheriff’s report of proceedings–Papers attached–Contempt and amercement or civilaction for failure or neglect
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 15 - Claim and Delivery of Personal Property

  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • 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.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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