South Dakota Service of Process Rules
South Dakota
State Serve Rules
Affidavit
Notary
Required
Refusal service
misdemeanor No, certified mail a copy with an admission of service if unable to personally serve/subserve
Mailing
Mail for corporate substitute service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge (sheriff)
Jail Personal Service
Facility-specific policy
Service to a minor
Parent (under 14)/individual (14+) - and always any appointed guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Required
Minimum age for substitute service
14
Residential substitute service
Family only
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Not Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
Subservice/posting can only be after 2nd attempt
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required (2 attempts)
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal 2) Posting/sub and Mail
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** The summons may be served by any person not a party to the action who at the time of making such service is an elector of the county ... in which such service is made. The service shall be made and the summons returned with proof of the service, with all reasonable diligence, to the plaintiff’s attorney...
**Personal Service, Individuals.** By delivering to the defendant personally.
**Substituted.** … Service in the following manner shall also constitute personal service. If the defendant cannot be found conveniently, service may be made by leaving a copy at his dwelling house in the presence of a member of his family over the age of 14 years or if the defendant resides in the family of another, with a member of such age of the family with which he resides.
**Corporations.** If the action be against a … corporation, on the president or other head of the corporation, secretary, cashier, treasurer, a director, or managing or registered agent thereof, and such service may be made within or without this state…If the defendant is a private corporation and no general officer, director, managing agent, or other representative mentioned in § 15-6-4(d) as qualified to receive service can conveniently be found, service may be made on such corporation by leaving a copy at the place of business of such qualified person with any officer or employee over 14 years of age.
**Return of Service.** Proof of the service of the summons and complaint or of any pleading, process, or other paper must state the time, place, and manner of such service or of publication and mailing and must be made as follows: (1) If by any person other than a sheriff, his affidavit thereof; (2) The written admission of the party or his representative upon whom service might have been made for such party;
**Sunday.** Service of process is prohibited on Sundays pursuant to South Dakota Codified Laws §1-5-2.
