[// GUIDANCE: This template is intentionally drafted in affidavit
style rather than contract style. Sections that would be standard in a
contract (e.g., covenants, indemnification) are not used because an
affidavit of service is a sworn statement, not an agreement between
parties. The architecture requested by the Client has been adapted to
fit South Dakota practice while preserving professional numbering,
definitions, and defensive drafting techniques.]

AFFIDAVIT OF SERVICE

(State of South Dakota)

I. DOCUMENT HEADER

Caption
STATE OF SOUTH DAKOTA ) IN THE _ CIRCUIT COURT
___ COUNTY) SS. _ JUDICIAL CIRCUIT
)
[PLAINTIFF], )
)
Plaintiff, ) Case No. [____]
)
v. ) AFFIDAVIT OF SERVICE
)
[DEFENDANT], )
)
Defendant. )
Effective Date of Affidavit: [DATE OF EXECUTION]
Governing Law / Procedural Rule: South Dakota Codified Laws ch. 15-6 (SD Rules of Civil Procedure; see SDCL 15-6-4 & 15-6-5).

II. DEFINITIONS

For purposes of this Affidavit only, capitalized terms have the meanings set forth below.

1. “Affiant” means the individual who performed or supervised the act of service and who is swearing to the truth of the statements herein.
2. “Document(s) Served” means each pleading, notice, writ, summons, subpoena, or other paper identified in Section III.A.
3. “Method of Service” means the statutorily authorized service technique used, as detailed in Section III.B.
4. “Substitute Service” means a manner of service permitted under SDCL 15-6-4(d) when personal service cannot, with reasonable diligence, be accomplished on the party to be served.

III. OPERATIVE STATEMENTS (SWORN FACTS)

A. Identification of Document(s) Served
[List each document by exact title and date, e.g., “Summons and Complaint
dated _,” “Motion for Temporary Injunction dated _,” etc.]

B. Method of Service Utilized
(Check and complete all applicable subsections.)

1. ☐ Personal Service (Hand Delivery)
   a. Date & Time: ____ (local time)
   b. Location: _______
   c. Party Served: _______

2. ☐ Substitute Service
   a. Name of Substituted Recipient: ______
   b. Relationship to Party: ☐ Co-Resident ☐ Authorized Agent
   c. Address of Service (Affiant verified as party’s “usual place of abode” or business per SDCL 15-6-4(d)):

d. Reason Personal Service Not Feasible: _____

3. ☐ Certified Mail, Return Receipt Requested
   a. USPS Tracking/Receipt No.: _____
   b. Address Used (must match last known address): __
   c. Date of Mailing: ______
   d. Date Receipt Signed / Delivery Confirmed: ____

4. ☐ Service by Publication (ONLY if prior court order obtained)
   a. Name of Newspaper: ______
   b. Publication Dates (at least once each week for three
   consecutive weeks per SDCL 15-6-4(g)): ___
   c. Court Order Authorizing Publication dated: ___

[// GUIDANCE: Delete any subsection not used. If multiple methods
were employed (e.g., personal + mail), duplicate sections as needed.]

C. Timeliness Representation
The service described above was completed within any court-ordered
deadline and, in all events, within the time permitted by SDCL
15-6-4(c) and 15-6-5(b) (service and filing of pleadings)
[or within ___ days of issuance of the summons, if so ordered].

D. Fee Statement
1. Mileage: $[_]
2. Service Fee: $[_]
3. Total: $[__]
Affiant requests taxation of the foregoing costs pursuant to SDCL
15-17-37.

E. Non-Military Status (Optional but Recommended)
To the best of Affiant’s knowledge, information, and belief, the
individual served is not on active duty with the U.S. Armed Forces as
defined in the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.

IV. REPRESENTATIONS & WARRANTIES OF AFFIANT

1. Competency. Affiant is over eighteen (18) years of age, competent to
   testify, and not a party to the above-captioned action.
2. Statutory Compliance. All acts of service were performed in strict
   conformity with SDCL ch. 15-6 and any specific order of the Court.
3. Truthfulness. All statements made herein are true and correct to the
   best of Affiant’s personal knowledge, information, and belief, and
   are made under penalty of perjury pursuant to SDCL 22-29-1.

V. EXECUTION & NOTARIZATION

[NAME OF AFFIANT], Affiant

Subscribed and sworn to before me this _ day of __, 20____.

Notary Public, South Dakota
My Commission Expires: __
[NOTARIAL SEAL]

VI. FILING & SERVICE OF AFFIDAVIT

[// GUIDANCE: South Dakota practice customarily requires the original
affidavit to be filed with the Clerk of Court promptly after service is
effected. Serve a copy on all parties via the same method permissible
under SDCL 15-6-5(b) (e.g., electronic service through the Odyssey®
e-filing system if the case is subject to mandatory e-service). Consider
attaching USPS receipts or signed acknowledgments as exhibits.]

VII. OPTIONAL ATTACHMENTS

1. Exhibit A – Return Receipt / USPS Tracking Sheet
2. Exhibit B – Newspaper Affidavit of Publication
3. Exhibit C – Photographs or GPS Time-Stamped Proof of Service Location

[// GUIDANCE: Practitioners should tailor this template to the specific
court’s local rules. Always verify current statutory citations before
filing. If service was effected outside South Dakota, consult the
reciprocal state’s proof-of-service requirements and attach a compliant
affidavit or declaration as needed.]