Certificate of Service

CERTIFICATE OF SERVICE

State of South Dakota — Circuit Court

SOUTH DAKOTA SERVICE RULES — QUICK REFERENCE

Primary Authority: SDCL Chapter 15-6 (Rules of Procedure in Circuit Courts); SDCL Chapter 15-26C (Supreme Court Electronic Filing Rules).

Who Must Be Served: After the initial complaint, every pleading subsequent to the original complaint, every written motion (except ex parte motions), and every paper relating to discovery required to be served must be served on each party. Service on a represented party is made on their attorney. SDCL § 15-6-5(a).

Authorized Methods of Service (SDCL § 15-6-5(b)):

• Personal delivery to the attorney or party
• Leaving a copy at the attorney's office with a clerk or other person in charge
• If the office is closed or the person has no office, leaving at the dwelling house or usual place of abode with a person of suitable age and discretion
• Service by mail under SDCL § 15-6-5(d)
• Electronic service through the South Dakota UJS e-filing portal (ujs.sd.gov)
• Email or fax with written consent of the party

Mail Service — Three-Day Extension (SDCL § 15-6-6(e)): When a period of time to act begins running upon service of a paper, and service is made by mail, three (3) days are added to the prescribed period. This extension does NOT apply to electronic service through the UJS portal.

South Dakota E-Filing System: The South Dakota Unified Judicial System (UJS) maintains the statewide e-filing portal at ujs.sd.gov. Attorneys registered with the UJS portal must designate an email address for electronic service. When a document is filed electronically, the party must serve electronically if the opposing party has a registered email address in the system.

Electronic Service (SDCL § 15-26C-4): Any party effectuating electronic service must include a certificate of service specifying the items served electronically. Electronic service is complete upon transmission.

Email/Fax Service (Outside UJS Portal): Written consent of the party to be served is required. Fax service is complete upon confirmation of successful transmission. Email service is complete upon transmission.

Service on Self-Represented Parties: If a self-represented (pro se) party is not registered with the UJS e-filing system and has not designated an email address, service must be made by mail, personal delivery, or other traditional methods authorized under SDCL § 15-6-5(b).

Certificate of Service Filing: All papers required to be served must be filed with the court along with a certificate of service showing the date and manner of service. SDCL § 15-6-5(f).

Civil Case Filing Statement (SDCL § 15-6-5(h)): When commencing a civil action or filing a first responsive pleading, parties must file a completed Civil Case Filing Statement with the clerk of court.

PART I — CASE CAPTION

STATE OF SOUTH DAKOTA
COUNTY OF [________________________________]
[____] JUDICIAL CIRCUIT COURT

[________________________________],
Plaintiff(s),

vs. Case No.: [________________________________]

[________________________________],
Defendant(s).

Presiding Judge: [________________________________]
Division/Courtroom: [________________________________]
Nature of Case: [________________________________]

PART II — IDENTIFICATION OF DOCUMENT(S) SERVED

Title(s) of Document(s) Served:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Attach additional sheet if necessary)

Total Pages Served (including all exhibits and attachments): [____]

Date of Service: [__/__/____]

PART III — PARTIES AND COUNSEL SERVED

Identify every party and/or counsel who received service. Attach additional sheets as needed.

Party/Counsel No. 1:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], SD [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Phone: [________________________________]
UJS E-Filing Registered User: ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Party is Self-Represented: ☐ Yes ☐ No

Party/Counsel No. 2:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], SD [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Phone: [________________________________]
UJS E-Filing Registered User: ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Party is Self-Represented: ☐ Yes ☐ No

Party/Counsel No. 3:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], SD [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Phone: [________________________________]
UJS E-Filing Registered User: ☐ Yes ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Party is Self-Represented: ☐ Yes ☐ No

PART IV — METHOD OF SERVICE

Select all methods used. If different parties were served by different methods, note which method applies to which party.

A. Electronic Service via South Dakota UJS E-Filing Portal (SDCL § 15-26C-4)

☐ Electronic Service via UJS E-Filing Portal (ujs.sd.gov)

The document(s) identified above were electronically filed and served through the South Dakota Unified Judicial System (UJS) e-filing portal. Upon submission, the UJS system transmitted electronic service notification to the email addresses of all registered attorneys and parties in this case.

Date of Electronic Submission: [__/__/____]
Time of Submission: [____] ☐ a.m. ☐ p.m.
UJS Confirmation/Transaction Number: [________________________________]
EFSP Used (if applicable): [________________________________]

Parties/counsel served via UJS e-portal:
Name: [________________________________] Email: [________________________________]
Name: [________________________________] Email: [________________________________]

Note: No mail extension days are added when service is completed through the UJS e-filing portal. Electronic service is complete upon transmission.

B. Service by United States Mail (SDCL § 15-6-5(d))

☐ First-Class U.S. Mail — Postage Prepaid

I placed the document(s) in sealed, properly addressed envelope(s) with first-class postage fully prepaid and deposited said envelope(s) in the United States mail.

IMPORTANT — MAIL SERVICE EXTENSION: Pursuant to SDCL § 15-6-6(e), when any period of time to act is computed from the service of a paper, and service is by mail, three (3) additional days are added to the prescribed period.

Date of Mailing: [__/__/____]
Post Office/Mailing Location: [________________________________], South Dakota
City and State of Mailing: [________________________________]

☐ Certified Mail — Return Receipt Requested
Certified Mail Article Number(s): [________________________________]
Return Receipt Received: ☐ Yes Date Received: [__/__/____] ☐ No/Pending

Parties/counsel served by U.S. mail:
Name: [________________________________] Address: [________________________________]
Name: [________________________________] Address: [________________________________]

C. Personal or Hand Delivery (SDCL § 15-6-5(b)(1)–(2))

☐ Personal Delivery — Directly to Attorney or Party

The document(s) was personally handed to the attorney or party.

Delivered to: [________________________________]
Capacity: ☐ Attorney of Record ☐ Party ☐ Authorized Agent
Address of Delivery: [________________________________]
Date of Delivery: [__/__/____]
Time of Delivery: [____] ☐ a.m. ☐ p.m.
Delivered by: [________________________________]

☐ Left at Attorney's Office — Clerk or Person in Charge (SDCL § 15-6-5(b)(2))

The document(s) was left at the attorney's office with a clerk or other person in charge thereof, as the attorney was unavailable.

Name of Person with Whom Left: [________________________________]
Title/Capacity of Person: [________________________________]
Office Address: [________________________________]
Date and Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Left at Dwelling — Suitable Age and Discretion (SDCL § 15-6-5(b)(2))

The office was closed or the person had no office; the document(s) was left at the dwelling house or usual place of abode with a person of suitable age and discretion residing therein.

Name of Person with Whom Left: [________________________________]
Address: [________________________________]
Date and Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

D. Electronic Mail Service (Written Consent Required)

☐ Service by Electronic Mail (Email — Outside the UJS Portal)

Written consent to accept email service was obtained from the party/counsel to be served, as required under applicable South Dakota procedure.

Written consent obtained from: [________________________________]
Date Consent Obtained: [__/__/____]
Method of Consent: ☐ Written agreement ☐ Designation in court filing ☐ Other: [____________]

Email Address(es) Used: [________________________________]
Date and Time of Email Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Delivery/Read Receipt Received: ☐ Yes ☐ No
No undeliverable/bounce-back notification received: ☐ Confirmed

E. Facsimile Service (Written Consent Required)

☐ Service by Facsimile Transmission

Written consent to accept fax service was obtained. Fax service is complete upon confirmation of transmission.

Written consent obtained from: [________________________________]
Date Consent Obtained: [__/__/____]
Fax Number(s) Used: [________________________________]
Date and Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Number of Pages Transmitted (including cover page): [____]
Fax Transmission Confirmed: ☐ Yes ☐ No

F. Commercial Overnight Delivery

☐ Service by Commercial Overnight Delivery Service

The document(s) was deposited with a commercial delivery service for same-day or next-day delivery.

Carrier Name: [________________________________]
Tracking Number: [________________________________]
Date of Deposit: [__/__/____]
Delivery Address: [________________________________]
Delivery Confirmed: ☐ Yes — Date Confirmed: [__/__/____] ☐ Pending

PART V — SELF-REPRESENTED PARTY SERVICE

(Complete if any party is not represented by counsel)

☐ One or more parties in this action are self-represented (pro se).

Self-Represented Party Name: [________________________________]
Service Address on File with Court: [________________________________]
UJS E-Filing Account: ☐ Yes (served electronically) ☐ No

Method of service on self-represented party:
☐ U.S. Mail — Address: [________________________________]
☐ Personal delivery
☐ Email (written consent on file — date: [__/__/____])
☐ UJS e-filing portal (registered account confirmed)

Guidance: Self-represented parties who have not registered with the UJS e-filing system or designated an email address must be served by mail or personal delivery under SDCL § 15-6-5(b).

PART VI — CERTIFICATION UNDER PENALTY OF PERJURY

I, [________________________________], declare as follows:

1. I am ☐ an attorney admitted to practice in South Dakota (Bar No.: [________________]) ☐ a legal professional authorized to make service ☐ a party in this action ☐ other: [____________].

2. I am over the age of 18 and am not a party to this action (if service made by non-party).

3. My business address is: [________________________________], [________________________________], South Dakota [________].

4. On [__/__/____], I served or caused to be served a true and correct copy of the document(s) identified in Part II upon the parties and/or counsel identified in Part III, by the method(s) specified in Part IV.

5. All service was performed in compliance with SDCL § 15-6-5 and applicable South Dakota Rules of Civil Procedure.

I declare under penalty of perjury under the laws of the State of South Dakota that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], South Dakota.

Signature: [________________________________]

Printed Name: [________________________________]

South Dakota Bar No. (if applicable): [________________________________]

Law Firm/Organization: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________], SD [________]

Phone: [________________________________]

Email: [________________________________]

PART VII — PROOF OF SERVICE BY MAIL (SDCL § 15-6-5(d))

(Complete this section if service was made by U.S. Mail and a separate mail proof is needed)

STATE OF SOUTH DAKOTA
COUNTY OF [________________________________]

I, [________________________________], declare:

1. I am a resident of or employed in [________________________________] County, South Dakota.

2. I am over 18 years of age and am not a party to the above-captioned action.

3. My business/residence address is: [________________________________], [________________________________], SD [________].

4. On [__/__/____], I served the following documents:
   [________________________________]
   [________________________________]

5. I served the above documents by enclosing a true copy in a sealed envelope with first-class postage fully prepaid, addressed to:
   Name: [________________________________]
   Address: [________________________________]
   City, State, Zip: [________________________________]

6. I deposited said envelope in the United States mail at [________________________________], South Dakota.

7. MAIL SERVICE EXTENSION NOTICE: Pursuant to SDCL § 15-6-6(e), three (3) additional days are added to any response period that begins to run upon service of these documents.

I declare under penalty of perjury under the laws of the State of South Dakota that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], South Dakota.

Signature: [________________________________]

Printed Name: [________________________________]

PART VIII — PROOF OF ELECTRONIC SERVICE (SDCL § 15-26C-4)

(Complete if service was made through the UJS e-filing portal or by email)

I, [________________________________], certify:

1. I am ☐ an attorney ☐ a registered UJS e-filer ☐ other authorized person in this action.

2. On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., I electronically served the document(s) identified in Part II by the following electronic means:

☐ South Dakota UJS E-Filing Portal (ujs.sd.gov): The document(s) was submitted through the UJS electronic filing portal, which automatically transmitted service notification to the email addresses of all registered participants in this case.

UJS Transaction/Confirmation No.: [________________________________]
Parties notified via UJS system:
Name: [________________________________] Email: [________________________________]
Name: [________________________________] Email: [________________________________]

☐ Email Service (Written Consent on File): I transmitted the document(s) by electronic mail to:
Name: [________________________________] Email: [________________________________]
Name: [________________________________] Email: [________________________________]

3. I did not receive any notification of failed, bounced, or undeliverable electronic transmission.

I declare under penalty of perjury under the laws of the State of South Dakota that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], South Dakota.

Signature: [________________________________]

Printed Name: [________________________________]

SD Bar No. (if applicable): [________________________________]

PART IX — SOUTH DAKOTA SERVICE SUMMARY TABLE

South Dakota UJS E-Filing Portal: ujs.sd.gov

• All active South Dakota attorneys are generally required to use the UJS e-filing system.
• The UJS system automatically generates and transmits service notifications to all registered users.
• Retain UJS confirmation emails and transaction numbers as proof of electronic service.
• Attorneys should confirm whether their specific court (circuit court, family court, etc.) has any supplemental local administrative orders regarding e-filing and service.

Civil Case Filing Statement (SDCL § 15-6-5(h)): Must be filed at commencement and upon first responsive pleading. Includes identifying information about all parties.

Redaction: Comply with SDCL § 15-15A-6 regarding confidentiality of personal identifiers (SSNs, financial account numbers, etc.) in filed documents.

SOURCES AND REFERENCES

• SDCL § 15-6-5: South Dakota Legislature
• SDCL § 15-26C-4 (Electronic Service): Justia
• South Dakota UJS E-Filing Guidelines: UJS eFiling Guidelines PDF
• State Bar of South Dakota — SDCL 15-6-5 Text: State Bar of South Dakota
• Full Chapter 15-6: Justia — SDCL Title 15, Chapter 6