The service of process as authorized by § 15-7-13 shall be made by filing in the Office of the Secretary of State a copy of the process and payment to the secretary of state a fee of ten dollars and shall be completed by the plaintiff, or the plaintiff’s agent or attorney within ten days after the filing, forwarding to the defendant, or the defendant’s personal representative, by registered or certified mail at the defendant’s last known post office address, or the last known post office address of defendant’s personal representative, notice of such service and a copy of the process. In lieu of such mailing the process may be served upon the defendant or the defendant’s personal representative personally without the state at any time within thirty days after the filing of the process. The time within which the defendant or the defendant’s personal representative may appear does not commence to run until the mailing or the personal service without the state. The secretary of state shall keep a record of any process so served, the record to show the day and hour of the service. The fee of ten dollars paid by the plaintiff to the secretary of state shall be recovered as taxable costs if the plaintiff prevails.

Terms Used In South Dakota Codified Laws 15-7-14

  • 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.
  • Service of process: The service of writs or summonses to the appropriate party.

Source: SL 1961, ch 125; SL 2003, ch 8, § 5.