South Dakota Codified Laws 26-7A-53. Appearance and answer by interested parties–Failure as default–Petition taken as admitted by default
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Every person or party to whom notice is given by summons and all other interested parties affected by the designation “All Whom It May Concern” may appear, either in person or by attorney, pursuant to summons, and answer, either in writing or orally in open court, in response to the petition. If any party fails to appear pursuant to summons or fails to answer or otherwise respond to the petition, the party shall be deemed by the court to be in default and the petition shall be taken as admitted by the party.
Terms Used In South Dakota Codified Laws 26-7A-53
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Summons: Another word for subpoena used by the criminal justice system.
Source: SDC 1939, § 43.0308; SL 1991, ch 217, § 65B; SDCL, § 26-8-24.