South Dakota Codified Laws 21-17A-20. Motion to quash writ and release property–Service of notice of motion
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A defendant whose property has been attached pursuant to a writ issued under this chapter may, on three days’ notice of motion, apply for an order that the writ of attachment be quashed, and any property levied on pursuant to the writ be released. The application shall be made by filing with the court and serving on the plaintiff a notice of motion.
Terms Used In South Dakota Codified Laws 21-17A-20
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Source: SL 1983, ch 168, § 20.