Affidavit of Service (Return of Service) - South Dakota

AFFIDAVIT OF SERVICE

South Dakota Circuit Court

CASE CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

[________________________________] COUNTY, SOUTH DAKOTA

Case No.: [________________________________]

AFFIDAVIT OF SERVICE

SECTION 1: AFFIANT INFORMATION

I, [________________________________] ("Affiant"), being first duly sworn upon oath, depose and state as follows:

1.1 Affiant Qualifications

1. I am over the age of eighteen (18) years.

2. I am not a party to the above-captioned action.

3. I am competent to testify to the matters stated herein from personal knowledge.

4. My authorization to serve process in South Dakota is based on the following (select one):

☐ Sheriff / Deputy Sheriff — I am a duly appointed sheriff or deputy sheriff of [________________________________] County, South Dakota, and authorized to serve process pursuant to SDCL 15-6-4(c).

☐ County Constable — I am a duly appointed county constable authorized to serve process in [________________________________] County, South Dakota, pursuant to SDCL 15-6-4(c).

☐ Nonparty Elector — I am not a party to this action and, when I served the summons, I was an elector of [STATE], as permitted by SDCL 15-6-4(c).

☐ Attorney of Record (later papers only) — I am serving papers after the summons under SDCL 15-6-5, not claiming that section authorizes service of the summons.

1.2 Affiant Contact Information

SECTION 2: DOCUMENTS SERVED

I served the following document(s) on behalf of the ☐ Plaintiff / ☐ Defendant in the above-captioned action:

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Type of Location:

☐ Defendant's dwelling house or usual place of abode

☐ Defendant's place of business or employment

☐ Registered agent's office

☐ Secretary of State's office (for foreign corporation service under SDCL 47-1A-1501)

☐ Other: [________________________________]

SECTION 4: PERSON SERVED

4.1 Identity of Person Served

(Select one)

☐ Individual Defendant — I served the documents directly upon the named defendant:

Name as shown on summons: [________________________________]

☐ Dwelling Service Recipient — Because the defendant could not be found conveniently, I left the documents at the defendant's dwelling with this resident, as permitted under SDCL 15-6-4(e):

☐ Business Entity Officer / Agent — I served the documents upon the president, partner or other head, officer, director, or registered agent of the entity under SDCL 15-6-4(d)(1):

☐ Person in Charge of Entity Office — The persons listed in SDCL 15-6-4(d)(1) could not be conveniently found, so I left the summons and complaint at an office of the business entity in South Dakota with the person in charge of that office:

☐ Partnership / Other Business Entity — I served the documents upon a partner or other person listed in SDCL 15-6-4(d)(1):

☐ Secretary of State — I served the documents upon the South Dakota Secretary of State as the statutory agent for a foreign corporation pursuant to SDCL 47-1A-1501 or other applicable statute:

☐ Other — I served the documents upon: [________________________________]

Basis for service: [________________________________]

SECTION 5: METHOD OF SERVICE

(Select the applicable method and complete all required details)

☐ 5A. Personal Service — SDCL 15-6-4(d)

I personally delivered true and correct copies of the above-described documents directly into the hands of the person named in Section 4 above. Under SDCL 15-6-4(d), personal service was made by delivering a copy of the summons and complaint to the person to be served.

☐ 5B. Service at Defendant's Dwelling — SDCL 15-6-4(e)

The defendant could not be found conveniently. I left copies of the summons and complaint at the defendant's dwelling with a person over fourteen (14) years old who resides there, as permitted by SDCL 15-6-4(e).

☐ 5C. Service by Mail with Admission — SDCL 15-6-4(i)–(j)

I mailed a copy of the summons, two copies of the notice and admission form substantially conforming to SDCL 15-6-4(j), and a postage-paid return envelope addressed to the sender, as provided by SDCL 15-6-4(i).

☐ Signed admission is attached as Exhibit [____]. Proof of mail service includes the affidavit of mailing and admission under SDCL 15-6-4(g)(5).

☐ Admission has not been returned. This affidavit records the mailing only; it does not claim completed service by mail. If the admission is not returned within twenty days without good cause, SDCL 15-6-4(i) provides for costs of personal service.

☐ 5E. Service by Publication — SDCL 15-6-4(f)

Service was accomplished by publication in [________________________________] (name of newspaper), a newspaper of general circulation in [________________________________] County, South Dakota, as authorized by court order.

☐ Publisher's affidavit of publication is attached hereto as Exhibit [____].

Mailing Requirement for Publication Service:

On [__/__/____], I also mailed a copy of the summons and complaint to the defendant at the defendant's last known address:

[________________________________]

☐ 5F. Service Outside South Dakota — SDCL 15-6-4(d)

I personally served the defendant outside the State of South Dakota at the following location, in the same manner as service is made within the state pursuant to SDCL 15-6-4(d):

SECTION 6: DESCRIPTION OF PERSON SERVED

(Required for Personal Service and Substitute Service)

SECTION 7: DUE DILIGENCE FOR SUBSTITUTE OR ALTERNATIVE SERVICE

(Complete this section ONLY if personal service was not accomplished)

7.1 Attempts at Personal Service

7.2 Investigation to Locate Defendant

(If requesting service by publication under SDCL 15-6-4(f), describe all steps taken to determine the defendant's whereabouts)

☐ Searched public records (property records, voter registration, motor vehicle records)

☐ Contacted last known employer: [________________________________]

☐ Contacted relatives or known associates: [________________________________]

☐ Searched online databases and social media

☐ Checked forwarding address with U.S. Postal Service

☐ Visited last known address on [__/__/____] — Result: [________________________________]

☐ Other investigation steps: [________________________________]

7.3 Reason Personal Service Was Impractical

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

☐ No fee was charged for service.

☐ Fee receipt is attached as Exhibit [____].

☐ Affiant requests taxation of the foregoing costs pursuant to SDCL 15-17-37.

SECTION 9: ADDITIONAL STATEMENTS

[________________________________]

(Use this section for any additional information relevant to service, such as unusual circumstances, the defendant's response at the time of service, or any other facts the court should know.)

SECTION 10: DECLARATION AND OATH

I, [________________________________], declare and swear under penalty of perjury under the laws of the State of South Dakota that:

1. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

2. I understand that any person who knowingly sets forth any false statement in this affidavit may be subject to criminal prosecution for perjury pursuant to SDCL 22-29-1.

3. I have personally performed the acts of service described in this Affidavit.

4. All acts of service were performed in strict conformity with SDCL Chapter 15-6 and any specific order of the Court.

SECTION 11: EXECUTION AND NOTARIZATION

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

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF SOUTH DAKOTA      )

                                        ) SS.

COUNTY OF [________________________________]  )

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_______________________________________________

Notary Public, State of South Dakota

My Commission Expires: [__/__/____]

(NOTARY SEAL)

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Affidavit of mailing and signed admission (if using SDCL 15-6-4(i))

☐ Exhibit B — Copy of notice and admission form (SDCL 15-6-4(j))

☐ Exhibit C — Court order authorizing service by publication (if applicable)

☐ Exhibit D — Publisher's affidavit of publication (if service by publication)

☐ Exhibit E — Additional return sheets for multiple parties served

☐ Exhibit F — Fee receipt (if applicable)

☐ Exhibit G — Photographs or GPS time-stamped proof of service location

☐ Exhibit H — Other: [________________________________]

SECTION 13: SOUTH DAKOTA-SPECIFIC PRACTICE NOTES

Who May Serve Process in South Dakota (SDCL 15-6-4(c))

Under South Dakota law, process may be served by:

• Sheriff or Deputy Sheriff — The sheriff of the county where service is to be made, or the sheriff's deputy, may serve process.
• County Constable — A county constable may serve process within the constable's county.
• Nonparty Elector — A person who is not a party and is an elector of any state when serving may serve the summons, including by personal delivery. See SDCL 15-6-4(c).

Personal Service Methods (SDCL 15-6-4(d))

SDCL 15-6-4(d) addresses personal service on different defendant types. For a business entity, subsection (d)(1) lists the president, partner or other head, officer, director, or registered agent; if those people cannot be conveniently found, it permits leaving the summons and complaint with the person in charge of an office of the entity in South Dakota. Subsection (d)(8) covers personal delivery to a defendant in cases not otherwise addressed. For dwelling service, use SDCL 15-6-4(e): if the defendant cannot be found conveniently, leave the copy at the defendant's dwelling with someone over fourteen who resides there. The recipient need not be a family member.

Service by Mail with Admission (SDCL 15-6-4(i)–(j))

Under SDCL 15-6-4(i), the sender mails the summons, two copies of the notice and admission form described in subsection (j), and a prepaid return envelope. If the recipient fails to sign and return the admission within twenty days without good cause, the statute provides for an order requiring payment of personal-service costs. Under SDCL 15-6-4(g)(5), proof of mail service requires both the affidavit of mailing and the admission. A certified-mail receipt alone does not establish this form of service.

Proof of Service Requirements (SDCL 15-6-4(g))

Proof of service must state the time, place, and manner of service. Proof may be made by:

• Sheriff or Constable — By the officer's certificate
• Any Other Person — By that person's affidavit
• Mail Service — By affidavit of mailing and admission of service
• Publication — By affidavit of the printer, foreman, or publisher, together with affidavit of mailing
• Written Admission — By the written admission of the party served

Filing and E-Filing

South Dakota courts use the Odyssey electronic filing system. File this Affidavit promptly after service is effected. Serve a copy on all parties via the method permitted under SDCL 15-6-5(b). Retain a conformed copy for your records.

Timing Requirements

Under SDCL 15-6-4(b), the summons must be served within the time specified by court order or, if no time is specified, within a reasonable time. Failure to make timely service may result in dismissal without prejudice.

False Statements — Perjury

Under SDCL 22-29-1, any person who willfully makes a false statement under oath in connection with any judicial proceeding is guilty of perjury, a Class 4 felony.

Sources and References

• SDCL 15-6-4 (Process — Summons): South Dakota Legislature
• SDCL 15-6-4(d) (Personal Service of Summons): Justia
• SDCL 15-6-4(g) (Proof of Service): South Dakota Legislature
• South Dakota Process Serving Laws Overview: ServeNow
• South Dakota UJS Self-Help (Starting a Court Action): SD UJS
• South Dakota Secretary of State (Summons & Complaint): SD SOS