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South Dakota Answer to a Complaint

South Dakota gives you 30 days to serve your answer after the complaint is served under SDCL 15-6-12(a), often before it is filed. Miss it and risk default.

Introduction

A South Dakota Answer to a Complaint is the written response you prepare after you are served with a summons and complaint in a civil case. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. South Dakota runs an unusual serve-before-file practice. Under SDCL 15-6-12(a) a defendant shall serve the answer within thirty days after the service of the complaint, except when otherwise provided by statute or rule. Because that clock runs from service, your answer is commonly due, and served on the plaintiff, before the case is ever filed with the clerk. South Dakota has no statewide mandated form for a general civil answer, so the answer is a typed pleading on a caption that complies with SDCL 15-6-10(a), which you serve on the plaintiff's attorney and file with the clerk of the court named in the summons. Miss the deadline and the plaintiff can ask for a default judgment under SDCL 15-6-55(a). DocDraft drafts a South Dakota-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your 30-day clock runs from service, not filing. Under SDCL 15-6-12(a) you shall serve your answer within thirty days after the complaint is served on you. These are calendar days, because a period of 30 days is not less than the eleven-day threshold in SDCL 15-6-6(a) that would exclude weekends and holidays.

  2. 2

    South Dakota uses serve-before-file practice. Your obligation is to serve the answer on the plaintiff's attorney within 30 days of service, which often comes before the case is filed with the clerk. You then file the served answer with the clerk of the court named in the summons under SDCL 15-6-5(d).

  3. 3

    There is no statewide answer form. South Dakota has no mandated form for a general civil answer. You type the answer as a pleading on a caption that complies with SDCL 15-6-10(a), stating your admissions, denials, affirmative defenses, and any counterclaim.

  4. 4

    Small claims is not appear-only here. Under SDCL 15-39-54 the clerk fixes a hearing or answer date on the summons that is not less than five days from the start of the action, and you may either appear at the hearing or file a written denial by that clerk-set date. Five days is under eleven, so SDCL 15-6-6(a) excludes intermediate Saturdays, Sundays, and legal holidays.

  5. 5

    Eviction moves much faster. In an unlawful detainer (eviction), SDCL 21-16-7 sets the time for appearance and pleading at five days from service, or thirty days after publication of service, whichever is sooner. Those five days are court days under SDCL 15-6-6(a).

  6. 6

    There is a filing fee, with a waiver. Filing an answer costs $50 total, made up of a $25 filing fee and a $25 equal access surcharge. If you cannot afford it, you can ask the court to waive fees using Form UJS-022 based on inability to pay.

  7. 7

    A related claim may be compulsory. Under SDCL 15-6-13(a) a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and the statute of limitations on a written contract is six years under SDCL 15-2-13(1).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF SOUTH DAKOTA, IN CIRCUIT COURT, [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff, v. Civ. No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore denies it].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore denies it]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under SDCL 15-2-13(1); payment; release; fraud; statute of limitations; accord and satisfaction; estoppel.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under SDCL 15-6-13(a) a counterclaim arising out of the same transaction or occurrence as the Plaintiff's claim is compulsory and should be raised with this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant prays that the Plaintiff take nothing, that the Complaint be dismissed, that Defendant recover costs, and that the Court grant any further relief it deems just.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Defendant Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under SDCL 15-6-5(b), by [electronic service / mail / personal delivery]. [SIGNATURE]

South Dakota Requirements for Answer to a Complaint

30-Day Serve Deadline From Service

In a general civil case you shall serve your answer within thirty days after the complaint is served on you under SDCL 15-6-12(a), and these are calendar days because 30 is not less than the eleven-day short-period threshold in SDCL 15-6-6(a). Because the clock runs from service, the answer is often served before the case is filed. An eviction answer is due in five court days under SDCL 21-16-7.

No Statewide Form, Typed Pleading

South Dakota has no mandated statewide form for a general civil answer. Type the answer as a pleading on a caption that complies with SDCL 15-6-10(a), admitting or denying each allegation, stating any affirmative defenses, and including any counterclaim.

Court Caption

Caption the answer for the court named in the summons, which for general civil claims over $12,000 is typically the Circuit Court for the county where the action is brought. Under SDCL 15-6-10(a) include the names of the court and the parties and the case designation, and title the pleading Defendant's Answer.

Serve the Plaintiff First

Under serve-before-file practice, serve the answer on the plaintiff's attorney, or the plaintiff if unrepresented, electronically, by mail, or by personal delivery under SDCL 15-6-5(b). This service satisfies your 30-day obligation and often happens before the case is filed.

File With the Court Clerk

File the served answer with the clerk of the court named in the summons under SDCL 15-6-5(d). Attorneys use Odyssey electronic filing, and self-represented litigants may file electronically or in paper.

Filing Fee or UJS-022 Waiver

Filing an answer costs $50 total, a $25 filing fee plus a $25 equal access surcharge. If you cannot afford it, ask the court to waive filing and service fees using Form UJS-022, the Motion, Affidavit, and Order for Waiver of Filing and/or Service Fees, based on inability to pay.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, accord and satisfaction, statute of frauds, res judicata, or estoppel. In a debt case, the statute of limitations on a written contract is six years under SDCL 15-2-13(1).

Compulsory Counterclaim If Any

Under SDCL 15-6-13(a), a counterclaim is compulsory if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, and it should be raised with your answer or it can be lost. A claim from a different transaction may be raised as a permissive counterclaim.

Frequently Asked Questions

In a general civil case, SDCL 15-6-12(a) requires you to serve your answer within thirty days after the complaint is served on you, and these are calendar days. Because South Dakota uses serve-before-file practice, that answer is often served on the plaintiff before the case is filed with the clerk. Other tracks differ. An eviction answer is due in five court days from service under SDCL 21-16-7, and a small claims defendant must appear or file a written denial by the clerk-set date on the summons, not less than five court days from the start of the action under SDCL 15-39-54. Missing your deadline can lead to a default judgment.

South Dakota has no statewide mandated form for a general civil answer. You type the answer as a pleading on a caption that complies with SDCL 15-6-10(a), which names the court and the parties and bears the file or case designation. In the body you admit or deny the complaint's allegations, state any affirmative defenses, and include any counterclaim you intend to raise.

Under serve-before-file practice you first serve the answer on the plaintiff's attorney, or the plaintiff if unrepresented, electronically, by mail, or by personal delivery under SDCL 15-6-5(b). You then file the served answer with the clerk of the court named in the summons under SDCL 15-6-5(d). Attorneys use Odyssey electronic filing, and self-represented litigants may file electronically or in paper. General civil claims over $12,000 are typically heard in Circuit Court.

Filing an answer in South Dakota costs $50 total, which is a $25 filing fee plus a $25 equal access surcharge. If you cannot afford the fee, you can ask the court to waive filing and service fees by submitting Form UJS-022, the Motion, Affidavit, and Order for Waiver of Filing and/or Service Fees, based on inability to pay.

If you fail to plead or otherwise defend, the plaintiff can show that fact by affidavit and seek a default judgment under SDCL 15-6-55(a). You may be able to set the judgment aside by filing a Motion for Relief from Judgment or Order under SDCL 15-6-60(b), within a reasonable time and, for mistake, inadvertence, surprise, or excusable neglect, not more than one year after the judgment. Filing on time is the reliable path.

Yes, and you may be required to. Under SDCL 15-6-13(a) a counterclaim is compulsory if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, and a compulsory counterclaim should be raised with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim. In a debt case, the statute of limitations on a written contract is six years under SDCL 15-2-13(1).