Who is allowed to serve a summons in South Dakota?

The sheriff or a constable of the county where the defendant is found, or any other person not a party to the action who, at the time of service, is an elector of any state. A party may not serve their own summons (SDCL 15-6-4(c)).

Does South Dakota have an official proof of service form?

Not a single mandatory statewide form for a general civil summons and complaint. SDCL 15-6-4(g) lists the time, place, and manner facts the proof must contain; ask the clerk whether the issuing court uses its own template. A separate general-civil form, UJS-338, exists for proving later mailed papers rather than the summons itself.

What qualifications does a South Dakota private process server need?

The qualifications SDCL 15-6-4(c) states are that the person not be a party and be, at the time of service, an elector of any state, meaning someone qualified to register to vote. Check with the clerk or an attorney whether any other requirement applies before relying on a server.

Does a South Dakota proof of service need to be notarized?

A sheriff or constable proves service with a certificate that needs no notarization. A private server's proof is called an affidavit under SDCL 15-6-4(g), but South Dakota's Uniform Unsworn Declarations Act (SDCL 18-7-4, 18-7-6) lets that server instead sign an unsworn declaration under penalty of perjury, with no notary required.

Is ordinary mail enough to serve a South Dakota summons?

No. SDCL 15-6-4(i)-(j) allows mailing the summons with two copies of the statutory Notice and Admission of Service and a prepaid return envelope, but service is complete only once the defendant signs and returns the admission. Without good cause, a defendant who ignores it for 20 days shall be ordered by the court to pay the cost of completing service another way.

What if a South Dakota defendant cannot be found at home?

If the defendant cannot be found conveniently, a copy of the summons may be left at the defendant's dwelling with a resident over the age of fourteen years. This counts as personal service, with no separate mailing step required (SDCL 15-6-4(e)).

Is there a deadline to serve a summons in South Dakota?

South Dakota commences an action when the summons is served, not when the complaint is filed, so no rule sets a fixed number of days to serve after filing. A plaintiff may instead toll the statute of limitations by handing the summons to the sheriff with intent to serve, provided actual service or first publication follows within 60 days (SDCL 15-2-31).

When must proof of service be filed in a South Dakota case?

Proof of service must be filed forthwith upon service under SDCL 15-6-5(d), together with the summons and the papers served. No separate numeric filing deadline is stated.

How do I serve later papers, like a motion, in a South Dakota case?

Later papers are served under SDCL 15-6-5: on a represented party's attorney through the Odyssey e-filing system, by email to a designated address, by first-class mail complete on mailing, by fax where the rule's conditions are met, or by hand delivery; on a self-represented party by delivery, by leaving the paper at the dwelling with a resident over fourteen, by mail, or with the clerk if no address is known. Unlike the summons, a party may serve these papers and prove it with a written admission of service or an affidavit or statement of service, such as UJS-338 for mailed papers (SDCL 15-6-5(b)(4)).

Does this South Dakota proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or in federal court under the Federal Rules of Civil Procedure follows separate rules not covered on this page.

South Dakota Proof of Service

South Dakota requires a private process server to be a non-party elector of any state, not simply an adult, and a lawsuit does not commence until the summons is served, not when the complaint is filed.

Find out where you stand in South Dakota

Where are you with service?

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Introduction

In South Dakota, a summons may be served by the sheriff or constable of the county where the defendant is found, or by any other non-party who is an elector of any state, a stricter test than simply being an adult. A party may not serve their own summons (SDCL 15-6-4(c)). No single mandatory statewide proof-of-service form exists for a general civil case; SDCL 15-6-4(g) lists the proof's required content. Ask the clerk about any court template. An officer proves service with a certificate, no notarization needed. SDCL 15-6-4(g) calls a private server's proof an affidavit, but the Uniform Unsworn Declarations Act (SDCL 18-7-4, 18-7-6) lets that server sign an unsworn declaration under penalty of perjury. A copy left at the dwelling with a resident over fourteen counts as service if the defendant cannot be found conveniently (SDCL 15-6-4(e)). Ordinary mail alone does not serve a summons: mailing it with a Notice and Admission of Service and prepaid envelope is valid only once the defendant signs and returns the admission (SDCL 15-6-4(i)-(j)). South Dakota commences an action on service, not filing, so no rule sets a day count to serve after filing; a plaintiff may toll limitations by handing the summons to the sheriff if service or publication follows within 60 days (SDCL 15-2-31). Proof must be filed forthwith upon service (SDCL 15-6-5(d)). Later papers are served under SDCL 15-6-5, and a party may serve those. Federal, out-of-country, and government service follow separate rules. Never misstate facts in the sworn proof. Attorney review is available before filing.

Key Things to Know

1
A summons may be served by the sheriff or a constable of the county where the defendant is found, or by any other person not a party to the action who, at the time of service, is an elector of any state, a more specific test than simply being an adult. A party may not serve their own summons (SDCL 15-6-4(c)). South Dakota has no single mandatory statewide proof-of-service form for a general civil case; SDCL 15-6-4(g) instead lists what the proof must contain. Ask the clerk whether the issuing court uses its own template.
2
The only qualification SDCL 15-6-4(c) states for a private server is elector status, meaning the server must be someone qualified to register to vote in some state, not simply any adult of any age. Check with the clerk or an attorney whether any other requirement applies to a private server.
3
SDCL 15-6-4(g) calls a non-officer's proof an affidavit, but South Dakota's Uniform Unsworn Declarations Act (SDCL 18-7-4, 18-7-6) lets a private server instead sign an unsworn declaration under penalty of perjury, worded 'I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct,' with no notary needed. A sheriff or constable proves service with a certificate, also without notarization (SDCL 15-6-4(g)(1)).
4
Ordinary mail alone does not serve a South Dakota summons. SDCL 15-6-4(i)-(j) allows service by mailing the summons, two copies of the statutory Notice and Admission of Service, and a postage-prepaid return envelope, but service is complete only when the defendant signs and returns the admission. If the defendant does not sign and return it within 20 days of mailing without good cause, the court shall order the defendant to pay the costs of completing service another way.
5
If the defendant cannot be found conveniently, a copy of the summons may be left at the defendant's dwelling with a resident over the age of fourteen years, and this counts as personal service with no separate mailing step required (SDCL 15-6-4(e)).
6
South Dakota commences a lawsuit when the summons is served, not when the complaint is filed (SDCL 15-6-3, 15-2-30), so no rule sets a fixed number of days after filing to serve. A plaintiff may instead toll the statute of limitations by handing the summons to the sheriff with intent to serve, provided actual service or first publication follows within 60 days (SDCL 15-2-31). Proof of service must be filed forthwith upon service, with no separate numeric filing deadline stated (SDCL 15-6-5(d)).
7
Later papers such as motions and notices are served under SDCL 15-6-5: on a represented party's attorney through the Odyssey e-filing system, by email to a designated address, by first-class mail complete on mailing, by fax where the rule's conditions are met, or by hand delivery; on a self-represented party by delivery, by leaving the paper at the dwelling with a resident over fourteen, by mail, or with the clerk if no address is known. Unlike the summons, a party may serve these papers, and an attorney's certificate of service, a written admission, or an affidavit is sufficient proof (SDCL 15-6-5(b)(4)).

Key decisions before you file

Before you file a Proof of Service in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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

[PLAINTIFF NAME], Plaintiff,

v. Civ. No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

PROOF OF SERVICE OF SUMMONS

This proof states the time, place, and manner of service, as SDCL 15-6-4(g) requires.

I served [NAME OF PERSON OR ENTITY SERVED] with a copy of the Summons and Complaint, together with [ADDITIONAL PAPERS SERVED, IF ANY], on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR LOCATION OF SERVICE].

METHOD OF SERVICE

[ ] PERSONAL SERVICE. I delivered a copy of the Summons and Complaint directly to [DEFENDANT NAME], as SDCL 15-6-4(d) requires.

[ ] SUBSTITUTED SERVICE AT DWELLING. [DEFENDANT NAME] could not be found conveniently, so I left a copy of the Summons and Complaint at [DEFENDANT NAME]'S dwelling with [NAME OF RESIDENT], a person over the age of fourteen years who resides there, as SDCL 15-6-4(e) requires.

[ ] SERVICE BY MAIL WITH NOTICE AND ADMISSION. On [DATE OF MAILING], I mailed to [DEFENDANT NAME] at [MAILING ADDRESS] a copy of the Summons, two copies of the Notice and Admission of Service in the form SDCL 15-6-4(j) sets out, and a postage-prepaid return envelope. [DEFENDANT NAME] signed and returned the Admission of Service on [DATE ADMISSION RETURNED], a copy of which is attached to this proof, as SDCL 15-6-4(i) requires. Service by this method, without a signed and returned admission, is not complete.

[ ] SERVICE ON BUSINESS ENTITY. I served [NAME OF BUSINESS ENTITY] by [DESCRIPTION OF THE METHOD USED], as SDCL 15-6-4(d) provides for business entities.

SERVER INFORMATION

[ ] OFFICER CERTIFICATE. I am the sheriff, or a constable, of [COUNTY] County, South Dakota, and I certify that the foregoing is true, as SDCL 15-6-4(g)(1) requires.

[SIGNATURE OF SHERIFF OR CONSTABLE] [NAME AND TITLE] [COUNTY] County, South Dakota [DATE]

[ ] PRIVATE SERVER DECLARATION. I, [NAME OF SERVER], am not a party to this action and am, at the time of this service, an elector of [SERVER'S STATE OF ELECTOR STATUS], as SDCL 15-6-4(c) requires.

I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct, as SDCL 18-7-6 provides.

[SIGNATURE OF SERVER] [PRINTED NAME OF SERVER] [ADDRESS OF SERVER] [PLACE SIGNED] [DATE]

[IF APPLICABLE: NOTARIZED VERIFICATION IN PLACE OF THE UNSWORN DECLARATION ABOVE. Subscribed and sworn to before me on [DATE] by [NAME OF SERVER].

[SIGNATURE OF NOTARY PUBLIC] Notary Public, State of South Dakota My commission expires: [DATE]]

South Dakota Requirements for Proof of Service

Only Certain People May Serve the Summons
A summons may be served by the sheriff or a constable of the county where the defendant is found, or by any other person not a party to the action who, at the time of service, is an elector of any state. A party may not serve their own summons (SDCL 15-6-4(c)).
An Elector Standard Applies to Private Servers
The qualifications SDCL 15-6-4(c) states for a private server are that the server not be a party and be, at the time of service, an elector of any state, a more specific test than simply being an adult.
No Mandatory Statewide Proof-of-Service Form for a Summons
South Dakota has no single mandatory statewide proof-of-service form for a general civil summons and complaint. SDCL 15-6-4(g) lists what the proof must contain; ask the clerk whether the issuing court uses its own template.
Unsworn Declaration Allowed in Place of a Notarized Affidavit
SDCL 15-6-4(g) calls a non-officer's proof an affidavit, but the Uniform Unsworn Declarations Act (SDCL 18-7-4, 18-7-6) lets a private server instead sign an unsworn declaration under penalty of perjury, with no notary required. A sheriff or constable proves service with a certificate, also without notarization.
Mail Service Requires a Signed Admission, Not Ordinary Mail
SDCL 15-6-4(i)-(j) allows service by mailing the summons, two copies of the statutory Notice and Admission of Service, and a prepaid return envelope, but service is complete only once the defendant signs and returns the admission. Without good cause, a defendant who ignores it for 20 days shall be ordered by the court to pay the costs of completing service another way.
Substituted Service at the Dwelling Counts as Personal Service
If the defendant cannot be found conveniently, a copy may be left at the defendant's dwelling with a resident over the age of fourteen years, and this counts as personal service with no separate mailing step required (SDCL 15-6-4(e)).
Action Commences on Service, Not on Filing
South Dakota commences a lawsuit when the summons is served, not when the complaint is filed (SDCL 15-6-3, 15-2-30), so no rule sets a fixed number of days after filing to serve. A plaintiff may instead toll the statute of limitations by handing the summons to the sheriff with intent to serve, provided actual service or first publication follows within 60 days (SDCL 15-2-31).
Proof of Service Filed Forthwith
Proof of service must be filed forthwith upon service under SDCL 15-6-5(d), with no separate numeric filing deadline stated.
Certificate of Service for Later Papers
Later papers are served under SDCL 15-6-5, and unlike the summons, a party may serve them. An attorney's certificate of service, a written admission, or an affidavit is sufficient proof (SDCL 15-6-5(b)(4)); the general-civil UJS-338 form implements this for mailed papers.

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

South Dakota Requirements for Proof of Service

Only Certain People May Serve the Summons

An Elector Standard Applies to Private Servers

No Mandatory Statewide Proof-of-Service Form for a Summons

Unsworn Declaration Allowed in Place of a Notarized Affidavit

Mail Service Requires a Signed Admission, Not Ordinary Mail

Substituted Service at the Dwelling Counts as Personal Service

Action Commences on Service, Not on Filing

Proof of Service Filed Forthwith

Certificate of Service for Later Papers

Frequently Asked Questions