South Dakota Codified Laws 21-18-38. Default judgment for adverse claimant–Trial of issues on adverse claim
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If no answer is made pursuant to § 21-18-37, the claimant shall be entitled to default judgment as in ordinary cases of failure to answer.
If issue be raised upon such claim, the court shall determine the order of trial and procedure at the commencement of the trial or upon motion of any party prior thereto.
Terms Used In South Dakota Codified Laws 21-18-38
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1909, ch 156, § 15; RC 1919, § 2468; SDC 1939 & Supp 1960, § 37.2824.