Certificate of Service - South Dakota

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).

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)):

• For a represented party, service is on the attorney unless the court orders or a rule provides otherwise. Odyssey filing/service is presumed served on attorneys of record at submission. A document not filed with the court may be served on an attorney through Odyssey, by email to the attorney's designated service address (or the State Bar directory address if none), by first-class mail complete upon mailing, by qualifying facsimile, or by delivery to the attorney or an employee at the attorney's office.
• For an unrepresented party, use delivery to the party; delivery at the dwelling or usual abode to a resident over age fourteen; first-class mail to the last known address, complete upon mailing; or, if no address is known, delivery to the clerk. A court order may alter these methods.

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: SDCL § 15-6-5(b) names the Odyssey® system. Unless the court orders otherwise, documents filed or served electronically through Odyssey are presumed served on all attorneys of record at submission.

Email/Fax Service Outside Odyssey: Email under § 15-6-5(b)(3)(B) is an attorney-service method using the designated service address or, if none, the State Bar directory address. Facsimile under (b)(3)(D) is an attorney-service method only if the attorney has receiving equipment, has agreed to accept fax service or used fax service in the same case, and the transmission meets § 15-6-6(a) unless the court establishes otherwise.

Service on Self-Represented Parties: Unless the court orders otherwise, use one of the methods in § 15-6-5(b)(5). Odyssey and email are not listed there as default methods for an unrepresented party.

Filing After Service: Section 15-6-5(d) generally requires filing the original and proof of service forthwith if the paper was not filed before service. Discovery materials listed in § 15-6-5(g), including interrogatories and their answers, are ordinarily not filed except as that subsection provides. Section 15-6-5(b)(6) excludes summons, other process, and contempt papers from these Rule 5 service methods.

Civil Case Filing Statement (SDCL § 15-6-5(h)): A completed statement is required when a party commences a civil action, files a notice of appearance, files an answer or first responsive pleading, or adds a new party, subject to the subsection's information and waiver provisions.

PART I — CASE CAPTION

STATE OF SOUTH DAKOTA

COUNTY OF [________________________________]

[____] JUDICIAL CIRCUIT COURT

Case No.: [________________________________]

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 the Odyssey® System (SDCL § 15-6-5(b)(2)–(3))

☐ Electronic Filing or Service via Odyssey®

The document(s) identified above were electronically filed or served through Odyssey®. Unless otherwise ordered, § 15-6-5(b)(2) presumes service on all attorneys of record at submission.

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: The mail extension does not apply to Odyssey service. Record the actual submission time; under § 15-6-6(a), Odyssey, email, and fax service must be completed by 11:59 p.m. Central time on a nonholiday weekday or is deemed made on the following nonholiday weekday.

B. Service by United States Mail (SDCL § 15-6-5(b)(3)(C), (5)(B))

☐ 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: [________________________________]

☐ First-Class Mail with Certified Mail Service — 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)(3)(E), (5)(A))

☐ 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
Address of Delivery: [________________________________]
Date of Delivery: [__/__/____]
Time of Delivery: [____] ☐ a.m. ☐ p.m.
Delivered by: [________________________________]

☐ Delivered at Attorney's Office to Attorney or Employee (SDCL § 15-6-5(b)(3)(E))

The document(s) was delivered to the attorney or an employee of the attorney at the attorney's office.

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

☐ Unrepresented Party — Dwelling/Abode Delivery (SDCL § 15-6-5(b)(5)(A))

The document(s) was left at the unrepresented party's dwelling house or usual place of abode with a person over age fourteen then residing there.

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

D. Electronic Mail Service on an Attorney (SDCL § 15-6-5(b)(3)(B))

☐ Service by Electronic Mail Outside Odyssey®

The recipient is an attorney. The address used is ☐ the attorney's or law firm's designated service address, or ☐ if none, the address published in the State Bar of South Dakota Membership Directory.

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 on an Attorney (SDCL § 15-6-5(b)(3)(D))

☐ Service by Facsimile Transmission

The attorney has receiving equipment and ☐ agreed to accept fax service, or ☐ served the serving party by fax in this case. The timing and manner comply with § 15-6-6(a) or a court-established requirement.

Fax-service basis: ☐ agreement to accept fax / ☐ recipient attorney used fax service in this case
Basis confirmed on: [__/__/____]
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. Other Court-Ordered or Rule-Authorized Method

☐ Other Method Expressly Authorized by Court Order or Another Rule

Authorizing order or rule: [________________________________]
Method and completion details: [________________________________]

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: [________________________________]
Method of service on self-represented party:
☐ U.S. Mail — Address: [________________________________]
☐ Personal delivery
☐ Left at the dwelling/usual abode with a resident over age fourteen
☐ Left with the clerk because no address is known
☐ Other method expressly ordered by the court: [________________________________]

Guidance: Unless the court orders otherwise, use only the methods listed in SDCL § 15-6-5(b)(5) for an unrepresented party.

PART VI — ATTORNEY CERTIFICATE OR SERVER AFFIDAVIT

I, [________________________________], declare as follows:

1. I am ☐ an attorney of record (Bar No.: [________________]) ☐ another person who personally completed the service described below.

2. My relationship to this action is [________________________________].

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 certify that the foregoing facts are true and correct. If I am not an attorney signing a certificate, I swear to these facts before the notary below.

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

Signature: [________________________________]

Printed Name: [________________________________]

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

Law Firm/Organization: [________________________________]

Address: [________________________________]

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

Phone: [________________________________]

Email: [________________________________]

Jurat for nonattorney affidavit: Subscribed and sworn before me on [__/__/____] by [________________________________].

Notary signature: [________________________________] Commission expires: [__/__/____]

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

(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. My relationship to the action is [________________________________].

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 a prescribed response period that begins to run upon service of these documents by mail.

I certify that the mailing facts above are true. If I am not an attorney signing a certificate, I swear to them before the notary below.

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

Signature: [________________________________]

Printed Name: [________________________________]

Jurat for nonattorney affidavit: Subscribed and sworn before me on [__/__/____] by [________________________________].

Notary signature: [________________________________] Commission expires: [__/__/____]

PART VIII — PROOF OF ELECTRONIC SERVICE (SDCL § 15-6-5(b))

(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:

☐ Odyssey®: The document(s) was submitted through the Odyssey® system; unless otherwise ordered, service is presumed on all attorneys of record at submission.

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

☐ Email Service on Attorney: I transmitted the document(s) to the attorney's or law firm's designated service address or, if none, the attorney's State Bar directory address:
Name: [________________________________] Email: [________________________________]
Name: [________________________________] Email: [________________________________]

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

I certify that the electronic-service facts above are true. If I am not an attorney signing a certificate, I swear to them before the notary below.

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

Signature: [________________________________]

Printed Name: [________________________________]

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

Jurat for nonattorney affidavit: Subscribed and sworn before me on [__/__/____] by [________________________________].

Notary signature: [________________________________] Commission expires: [__/__/____]

PART IX — SOUTH DAKOTA SERVICE SUMMARY TABLE

Odyssey®: Section 15-6-5(b) controls the service consequences stated here. Confirm current Odyssey procedures and any case-specific court order before use.

Civil Case Filing Statement (SDCL § 15-6-5(h)): Required at commencement, with a notice of appearance, with an answer or first responsive pleading, and when a new party is added.

SOURCES AND REFERENCES

• SDCL § 15-6-5(a): South Dakota Legislature
• SDCL § 15-6-5(b): South Dakota Legislature
• SDCL § 15-6-5(d): South Dakota Legislature
• SDCL § 15-6-5(h): South Dakota Legislature