Affidavit of Service (Return of Service)

AFFIDAVIT OF SERVICE

South Dakota Circuit Court

CASE CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

[________________________________] COUNTY, SOUTH DAKOTA

STATE OF SOUTH DAKOTA      )

                                        ) SS.

COUNTY OF [________________________________]  )

[________________________________],

Plaintiff(s),

v.

Case No.: [________________________________]

[________________________________],

Defendant(s).

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).

☐ Court-Appointed Person — I am a person specially appointed by the Court to serve process in this action by order dated [__/__/____], pursuant to SDCL 15-6-4(c).

☐ Any Person Not a Party — I am a person over the age of eighteen (18) years, not a party to this action, serving process as permitted under SDCL 15-6-4(c).

☐ Attorney of Record — I am an attorney authorized to practice law in South Dakota and am serving documents as permitted by SDCL 15-6-5.

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: [________________________________]

☐ Substitute Service Recipient — I left the documents with the following person at the defendant's dwelling house, as permitted under SDCL 15-6-4(d)(8):

☐ Corporate Officer / Managing Agent — I served the documents upon a general officer, director, or managing agent of the entity defendant pursuant to SDCL 15-6-4(d)(4):

☐ Corporate Employee at Place of Business — Personal service could not be conveniently made upon an officer, director, or managing agent, so I left the documents at the entity's place of business with an officer or employee over 14 years of age, pursuant to SDCL 15-6-4(d)(4):

☐ Partnership / Unincorporated Association — I served the documents upon a partner or managing agent pursuant to SDCL 15-6-4(d)(5):

☐ 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. Substitute Service (Dwelling House) — SDCL 15-6-4(d)(8)

The defendant could not be found conveniently. I left true and correct copies of the above-described documents at the defendant's dwelling house in the presence of a member of the defendant's family over the age of fourteen (14) years, as authorized by SDCL 15-6-4(d)(8).

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

I mailed a copy of the summons, two copies of the Notice and Acknowledgment of Service form (substantially conforming to the form provided in SDCL 15-6-4(j)), and a return envelope, postage prepaid, addressed to the sender, to the defendant at the address stated in Section 3.

☐ Signed acknowledgment is attached hereto as Exhibit [____].

☐ Acknowledgment has not been returned. (Note: If the defendant fails to return the acknowledgment within the time provided, the plaintiff may move for costs of personal service pursuant to SDCL 15-6-4(j).)

☐ 5D. Service by Certified Mail, Return Receipt Requested — SDCL 15-6-4(e)

I mailed true and correct copies of the above-described documents via certified mail, return receipt requested, to the defendant at the address stated in Section 3.

☐ Return receipt (green card) is attached hereto as Exhibit [____].

☐ Return receipt has not yet been returned.

☐ 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: NON-MILITARY STATUS DECLARATION

(Optional but recommended for default judgment proceedings)

☐ To the best of Affiant's knowledge, information, and belief, the individual served ☐ is / ☐ is not on active duty with the United States Armed Forces as defined in the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.

☐ A search of the Department of Defense Manpower Data Center (DMDC) was conducted on [__/__/____].

☐ DMDC Certificate is attached as Exhibit [____].

SECTION 10: 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 11: 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 12: 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 13: ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of certified mail receipt / green card (if service by mail)

☐ Exhibit B — Signed Acknowledgment of Service form (if service by mail under 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 — DMDC Non-Military Status Certificate (if applicable)

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

☐ Exhibit I — Other: [________________________________]

SECTION 14: 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.
• Court-Appointed Person — The court may by order specially appoint any person not a party to serve process.
• Any Person Not a Party — For service by mail under SDCL 15-6-4(e) and 15-6-4(j), any person not a party may effectuate service.

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

SDCL 15-6-4(d) provides that service of summons constitutes personal service when made as follows:

1. Individuals — By delivering a copy to the individual personally.
2. Infants Under 14 — By delivering a copy to the infant's parent, guardian, or custodian.
3. Incompetent Persons — By delivering a copy to the person's guardian or conservator.
4. Private Corporations — By delivering a copy to a general officer, director, managing agent, or registered agent.
5. Partnerships / Unincorporated Associations — By delivering a copy to a partner or managing agent.
6. State of South Dakota — By delivering a copy to the Attorney General.
7. Political Subdivisions — By delivering a copy to the chief executive officer or to the person designated by law.
8. Substitute Service — If the defendant cannot be found conveniently, by leaving a copy at the defendant's dwelling house with a member of the family over 14 years of age.

Service by Mail with Acknowledgment (SDCL 15-6-4(j))

South Dakota permits service by mailing a copy of the summons together with two copies of a notice and acknowledgment form and a prepaid return envelope. If the defendant fails to return the signed acknowledgment within the time allowed, the court may order the defendant to pay the costs of personal service. This method is unique to South Dakota and offers a cost-effective alternative to personal 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 or certificate of addressing and mailing
• 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