[COURT_NAME]
[COUNTY], SOUTH DAKOTA
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Case No.: [CASE NUMBER]
DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND OPTIONAL COUNTERCLAIM
[Small-Claims (“Minor Civil”) Action – S.D. Codified Laws ch. 15-39]
[// GUIDANCE: This template is designed for use in South Dakota Small Claims Court. South Dakota currently allows monetary claims up to $12,000 (exclusive of costs, interest, and attorney fees) in small-claims matters. A defendant ordinarily must file an Answer within 30 calendar days after service of the Summons and Complaint; confirm the deadline on the face of the summons or with the clerk before filing.]
TABLE OF CONTENTS
- Parties & Jurisdiction
- Preliminary Statement
- Paragraph-by-Paragraph Answer
- Affirmative Defenses
- Counterclaim (Optional)
- Prayer for Relief
- Reservation of Rights
- Verification
- Certificate of Service
1. PARTIES & JURISDICTION
1.1 Defendant [DEFENDANT NAME] (“Defendant”) is a resident of [COUNTY], South Dakota.
1.2 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, upon information and belief, a resident of [COUNTY/STATE].
1.3 This matter is properly venued in the above-captioned Small Claims Court under South Dakota Codified Laws ch. 15-39 because the amount in controversy does not exceed the statutory jurisdictional limit and the events giving rise to Plaintiff’s claims occurred in this county.
2. PRELIMINARY STATEMENT
2.1 Except as expressly admitted herein, Defendant denies each and every allegation of the Complaint, including all implied allegations and requests for relief.
2.2 Any allegation not specifically admitted is denied.
3. PARAGRAPH-BY-PARAGRAPH ANSWER
[// GUIDANCE: Replicate each numbered paragraph of the Complaint, then supply one of the three standard responses—“Admitted,” “Denied,” or “Defendant lacks knowledge or information sufficient to form a belief and therefore denies.”]
3.1 Paragraph 1: [ADMIT/DENY/LACK KNOWLEDGE]
3.2 Paragraph 2: [ADMIT/DENY/LACK KNOWLEDGE]
3.__ …continue as needed…
4. AFFIRMATIVE DEFENSES
Without conceding the burden of proof, and preserving all rights, Defendant asserts the following affirmative defenses to the extent they may apply. Defendant expressly reserves the right to amend these defenses upon discovery of additional facts.
A. Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.
B. Lack of Subject-Matter Jurisdiction – If the amount in controversy exceeds the statutory small-claims limit, this Court lacks jurisdiction.
C. Improper Service of Process – Plaintiff failed to serve the Summons and Complaint in compliance with S.D. procedural rules.
D. Payment and Satisfaction – The alleged debt has been paid in full or otherwise satisfied.
E. Accord and Satisfaction – The parties entered into a valid accord and satisfaction resolving the alleged obligation.
F. Statute of Limitations – Plaintiff’s claims are barred in whole or in part by applicable limitation periods.
G. Setoff/Recoupment – Any liability of Defendant is offset by sums owed by Plaintiff to Defendant.
H. Failure to Mitigate – Plaintiff failed to take reasonable steps to mitigate its alleged damages.
I. Waiver and Estoppel – Plaintiff’s conduct constitutes a waiver of, or estops Plaintiff from asserting, the claims alleged.
J. Unclean Hands – Plaintiff’s inequitable conduct bars the requested relief.
K. Any and All Defenses Allowed by Law – Defendant reserves every defense available under South Dakota and federal law that may emerge during litigation.
5. COUNTERCLAIM (Optional)
[// GUIDANCE: Only include if Defendant is affirmatively seeking money from Plaintiff; the counterclaim must not exceed the same $12,000 limit.]
Defendant, by way of counterclaim against Plaintiff, alleges:
5.1 Jurisdiction & Venue – This counterclaim falls within the monetary jurisdiction of South Dakota Small Claims Court.
5.2 Factual Basis – [Insert concise statement of facts supporting counterclaim.]
5.3 Damages – Defendant has been damaged in the amount of $[AMOUNT], plus allowable costs and interest.
WHEREFORE, Defendant demands judgment on the counterclaim in the amount stated above, together with such further relief as the Court deems just.
6. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
a. Dismiss the Complaint in its entirety with prejudice;
b. Enter judgment in favor of Defendant on all claims;
c. Award Defendant costs as allowed by law;
d. Enter judgment on any counterclaim asserted herein; and
e. Grant such other and further relief as the Court deems just and equitable.
7. RESERVATION OF RIGHTS
Defendant reserves the right to amend this Answer, assert additional affirmative defenses, and pursue third-party claims if warranted by subsequently discovered facts or law.
8. VERIFICATION
I, [DEFENDANT NAME], declare under penalty of perjury under the laws of the State of South Dakota that the foregoing Answer, Affirmative Defenses, and (if asserted) Counterclaim are true and correct to the best of my knowledge, information, and belief.
Date: _______
[DEFENDANT NAME]
[// GUIDANCE: South Dakota small-claims pleadings typically require a signed verification. Local practice may require notarization; confirm with the clerk.]
9. CERTIFICATE OF SERVICE
I certify that on ___ day of _, 20, I served a true and correct copy of the foregoing Answer (and any Counterclaim) upon:
☐ Plaintiff at the address shown on the Summons; or
☐ Plaintiff’s attorney of record, [ATTORNEY NAME], via:
☐ U.S. Mail ☐ Hand Delivery ☐ Email (by consent)
[DEFENDANT OR ATTORNEY SIGNATURE]
[PRINTED NAME, ADDRESS, PHONE, EMAIL, BAR NO. (if attorney)]
[// GUIDANCE:
1. File the signed original with the clerk before the answer deadline and pay any required filing fee.
2. Immediately serve a copy on Plaintiff as certified above.
3. Keep proof of service and a stamped copy for your records.
4. If a counterclaim is asserted, be prepared to pay any additional filing fee the clerk may assess.
5. Attend the scheduled hearing; failure to appear may result in default judgment.]