1250A 100th Legislative Session 1250
AMENDMENT 1250A
FOR THE INTRODUCED
BILL
Introduced by: Representative Kayser
An Act to revise certain provisions related to proof of service of legal documents.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 15-6-4(e) be AMENDED:
15-6-4(e).
Service in the
following manner
shall also constitute
constitutes
personal service. If the defendant
cannot be found conveniently
is not immediately available,
service may be made by leaving a copy at the defendant's dwelling
with
someone
any person over
the age of fourteen years who resides
or is employed
there.
Section 2. That § 15-6-4(g) be AMENDED:
15-6-4(g).
Proof of the
service of the summons and complaint or of any pleading, process, or
other paper must state the time, place, and manner of
such
the service,
or of publication and mailing,
and must be made as follows:
(1) If served by a sheriff
or a county constable,
his,
the sheriff's
or constable's
certificate thereof;
(2) If by any other person,
his
the person's
affidavit thereof;
(3) The written admission of the
party or
his
the party's
representative upon whom service might have been made for
such
the party;
(4) In case of publication, by
affidavit of the printer,
his
the printer's
foreman, or
the principal
clerk or
the
publisher of the newspaper showing the same,
and an affidavit of mailing of copies as required by law;
or
(5) In case of mailing, by
affidavit of mailing
and admission of service;
or
(6) In case of personal delivery to a private mailbox location, an employee shall accept service on behalf of any client, and is obligated to forward the notice to the client.
Underscores indicate new language.
Overstrikes
indicate deleted language.