How to Respond to a Lawsuit in South Dakota: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. South Dakota. Last updated 2026-06-02
In South Dakota, a defendant served with a civil summons and complaint has 30 calendar days to serve a written answer under SDCL 15-6-12(a), which directs that a defendant shall serve the answer within thirty days after the service of the complaint upon the defendant, except when otherwise provided by statute or rule. South Dakota computes time under SDCL 15-6-6(a), which excludes intermediate Saturdays, Sundays, and legal holidays only when the period allowed is less than eleven days, so the 30-day tracks run as calendar days while the short 5-day tracks run as court days. Two tracks are shorter. In small claims, SDCL 15-39-54 provides that the clerk fixes the time set for the hearing or answer, which shall not be less than five days from the beginning of the action; small claims is not an appear-only track, so the defendant either appears at the hearing or files a written denial or answer by the date the clerk prints on the summons, and missing that date risks a default. In an eviction, SDCL 21-16-7 sets the time for appearance and pleading at five days from the time of service, whichever occurs sooner against the publication alternative, so the eviction defendant must move within 5 court days. A response to a divorce or dissolution complaint follows the same 30-day answer time under SDCL 15-6-12(a). If you miss a deadline where a response is required, the plaintiff can show your failure to plead by affidavit and the clerk can enter your default under SDCL 15-6-55(a), which you can later move to set aside within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect no more than one year after the judgment, under SDCL 15-6-60(b).
How long do I have to respond to a lawsuit in South Dakota?
It depends on the track. For a general civil complaint, SDCL 15-6-12(a) gives you 30 calendar days after the complaint is served to serve a written answer. In small claims you must appear at the hearing or file a written answer by the date the clerk sets on the summons, no fewer than 5 court days from the start of the action under SDCL 15-39-54. In an eviction, SDCL 21-16-7 sets appearance and pleading at 5 court days from service.
How do I respond to a civil summons in South Dakota?
You respond by serving a written answer on the plaintiff or the plaintiff's attorney, then filing it with the clerk of the Circuit Court named in the summons under SDCL 15-6-5. The answer admits or denies each numbered allegation in the complaint and states your defenses. Self-represented defendants may file electronically or on paper, while attorneys use the Odyssey electronic filing system.
What happens if I don't answer a summons in South Dakota?
If you do not respond by your deadline, the plaintiff can show your failure to plead by affidavit and the clerk can enter your default under SDCL 15-6-55(a). The court can then enter a default judgment granting what the complaint requests. You may move to set the default aside within a reasonable time, and for excusable neglect no more than one year after the judgment, under SDCL 15-6-60(b).
How do I answer a summons without an attorney in South Dakota?
Self-represented defendants can answer themselves. South Dakota has no statewide mandated general civil answer form, so you type your answer in the caption format required by SDCL 15-6-10(a), with the court, parties, and case number. File it with the clerk of the Circuit Court, serve the plaintiff, and pay the $50 filing fee or request a waiver on Form UJS-022 if you cannot afford it.
South Dakota response framework at a glance
South Dakota's response rules turn first on which track your case is in. For a general civil complaint in Circuit Court, SDCL 15-6-12(a) directs the defendant to serve an answer within thirty days after the service of the complaint, except when otherwise provided by statute or rule. South Dakota computes that period under SDCL 15-6-6(a), which excludes intermediate Saturdays, Sundays, and legal holidays only when the period allowed is less than eleven days, so the 30-day tracks count as calendar days while the short 5-day tracks count as court days. Small claims works on a different mechanic. Under SDCL 15-39-54 the clerk fixes the time set for the hearing or answer, which shall not be less than five days from the beginning of the action, and small claims is not appear-only: the defendant either appears at the hearing or files a written denial or answer by the date the clerk prints on the small claims summons. A defendant who neither appears nor answers by that clerk-set date risks a default judgment. Eviction is the other short track. Under SDCL 21-16-7 the time for appearance and pleading is five days from the time of service on the defendant, or thirty days after publication of service, whichever occurs sooner, so the eviction defendant must move within 5 court days. A divorce or dissolution response follows the same 30-day answer time under SDCL 15-6-12(a). Answers are filed with the clerk of the Circuit Court named in the summons and served on the plaintiff under SDCL 15-6-5, with the caption set under SDCL 15-6-10(a). The South Dakota Unified Judicial System website at www.ujs.sd.gov is the official source for the civil self-help materials, the filing fee, and Form UJS-022, the fee-waiver request a defendant who cannot afford the $50 answer filing fee can use.
Court Resources
South Dakota Unified Judicial System. Civil law help
Official self-help hub from the South Dakota UJS explaining how to respond to a civil summons and complaint, find the right Circuit Court, and use the Magistrate Court small claims procedure, used to confirm the track and the court named in the summons.
South Dakota UJS. Fee waivers
Official fee-waiver page from the South Dakota UJS describing how a defendant who cannot afford the filing fee can ask the court to waive it, based on an inability to pay, instead of paying the answer filing fee up front.
Form UJS-022 (Motion, Affidavit, and Order for Waiver of Filing and/or Service Fees)
The official South Dakota fee-waiver form a defendant can file instead of paying the answer filing fee, available as a fillable PDF from the Unified Judicial System, based on an inability to pay the filing or service fees.
Relevant Laws
SDCL 15-6-12(a) (30-Day Answer to a Civil Complaint)
Provides that a defendant shall serve the answer within thirty days after the service of the complaint upon the defendant, except when otherwise provided by statute or rule. This is the standard general civil and family answer deadline in South Dakota, counted as calendar days under SDCL 15-6-6(a).
SDCL 15-6-6(a) (Computing the Response Period)
Provides that when the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. South Dakota's short-period threshold is eleven days, so the 30-day tracks count as calendar days while the 5-day small claims and eviction tracks count as court days.
SDCL 15-39-54 (Small Claims Time of Hearing or Answer)
Provides that the clerk shall fix the time set for the hearing or answer, which shall not be less than five days from the beginning of the action. Small claims is not an appear-only track in South Dakota: the defendant either appears at the hearing or files a written denial or answer by the date the clerk prints on the summons.
SDCL 21-16-7 (Eviction Appearance and Pleading Window)
Provides that the time for appearance and pleading shall be five days from the time of service on the defendant, or thirty days after the publication of service under section 21-16-6.1, whichever occurs sooner. Eviction is an expedited 5-court-day track, much shorter than the 30-day general civil window.
SDCL 15-6-55(a) (Default Judgment)
Provides that when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by this chapter, and that fact is made to appear by affidavit, the clerk can enter the party's default, opening the door to a default judgment.
SDCL 15-6-60(b) (Relief From a Judgment or Order)
Allows a court to relieve a party from a final judgment for grounds such as mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and, for those grounds, no more than one year after the judgment.
SDCL 15-6-13(a) (Compulsory Counterclaim)
Requires a pleading to state as a counterclaim any claim that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim, or lose the right to assert it later.
SDCL 15-2-13(1) (Six-Year Limit on Written Contract Actions)
Sets the six-year statute of limitations for an action upon a contract, obligation, or liability, express or implied, a key defense to check in debt-collection lawsuits before serving an answer.
Regional Variances
Answer deadline by case track in South Dakota
General civil complaint (SDCL 15-6-12(a))
30 calendar days after the complaint is served on the defendant to serve a written answer, then filed with the clerk of the Circuit Court named in the summons. South Dakota counts these days as calendar days because the period is not less than eleven days under SDCL 15-6-6(a). This is the default civil deadline most defendants work against.
Small claims (SDCL 15-39-54)
Not appear-only. The clerk fixes the time set for the hearing or answer, no fewer than five days from the beginning of the action, and prints that date on the summons. The defendant either appears at the hearing or files a written denial or answer by that clerk-set date. Five days is less than eleven, so it counts as court days, excluding weekends and legal holidays under SDCL 15-6-6(a). Missing the date risks a default.
Eviction / unlawful detainer (SDCL 21-16-7)
5 court days from the time of service for appearance and pleading, or thirty days after publication of service, whichever occurs sooner. Five days is less than eleven, so it excludes weekends and legal holidays under SDCL 15-6-6(a). This is much shorter than the 30-day general civil window, so eviction defendants must move fast.
Divorce / dissolution response (SDCL 15-6-12(a))
30 calendar days after service of the summons and complaint to serve a responsive pleading, the same answer time as a general civil case. Missing it can let the divorce proceed by default and let the court decide property, support, and custody issues.
Which South Dakota court hears your case, by amount
Magistrate Court (Small Claims Procedure)
Hears claims up to the small claims dollar cap of $12,000. The defendant either appears at the hearing or files a written denial or answer by the date the clerk sets on the summons, no fewer than five court days from the start of the action under SDCL 15-39-54.
Circuit Court (general civil)
Handles civil cases over $12,000 in South Dakota's unified court system. A written answer is required within 30 calendar days of service under SDCL 15-6-12(a). The answer filing fee is $50 total, a $25 filing fee plus a $25 equal access surcharge, unless the court grants a fee waiver.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A general civil complaint requires a written answer within 30 calendar days under SDCL 15-6-12(a), and a divorce response follows the same 30-day time. Small claims requires you to appear at the hearing or file a written answer by the date the clerk sets on the summons, no fewer than 5 court days from the start of the action under SDCL 15-39-54. An eviction requires appearance and pleading within 5 court days of service under SDCL 21-16-7. The 5-day tracks exclude weekends and legal holidays under SDCL 15-6-6(a). Mark the exact date on a calendar.
Identify your case track and the correct court
Within 2 days of service days after startingRead the caption and the summons to confirm whether the case is small claims in Magistrate Court, a general civil case in Circuit Court, an eviction, or a divorce. The track decides your deadline, the court, and whether you appear or file a written answer. Small claims and eviction are short 5-court-day tracks. Confirm the court named in the summons, because that is where your answer is filed with the clerk.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, fraud, duress, estoppel, laches, res judicata, statute of frauds, or waiver. In debt cases, check the six-year limitations period for written contract actions under SDCL 15-2-13(1). If you have a claim against the plaintiff arising from the same transaction or occurrence, you generally must plead it as a compulsory counterclaim under SDCL 15-6-13(a) or lose it.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. South Dakota has no statewide mandated form for a general civil answer, so type the answer with the court, parties, and case caption set under SDCL 15-6-10(a).
File the answer with the clerk of the Circuit Court
On or before the answer deadline days after startingFile your answer with the clerk of the Circuit Court named in the summons under SDCL 15-6-5(d). Attorneys use the Odyssey electronic filing system, and self-represented litigants may file electronically or on paper. The answer filing fee is $50 total, a $25 filing fee plus a $25 equal access surcharge, unless the court grants a fee waiver.
Serve the plaintiff and file proof of service
With or promptly after filing days after startingServe a copy of your answer on the plaintiff's attorney, or the plaintiff if unrepresented, electronically, by mail, or by personal delivery under SDCL 15-6-5(b), then file proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged.
Request a fee waiver if you cannot afford the filing fee
At the time of filing days after startingIf you cannot afford the filing fee, file Form UJS-022, the Motion, Affidavit, and Order for Waiver of Filing and/or Service Fees, when you file your answer. Submitting the request lets you file on time without paying the $50 fee while the court decides eligibility based on an inability to pay.
Appear at the hearing or move to set aside a default if you missed the deadline
As set by the court days after startingCalendar every date the court sets, including the small claims hearing date and the eviction appearance date printed on the summons, and any hearing in a general civil case. If a default judgment was already entered, you can move for relief under SDCL 15-6-60(b) within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect no more than one year after the judgment. Attorney review is available as an option before you file if your case involves a short eviction or small claims deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A general civil complaint requires a written answer within 30 calendar days under SDCL 15-6-12(a), and a divorce response follows the same 30-day time. Small claims requires you to appear at the hearing or file a written answer by the date the clerk sets on the summons, no fewer than 5 court days from the start of the action under SDCL 15-39-54. An eviction requires appearance and pleading within 5 court days of service under SDCL 21-16-7. The 5-day tracks exclude weekends and legal holidays under SDCL 15-6-6(a). Mark the exact date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct court | Read the caption and the summons to confirm whether the case is small claims in Magistrate Court, a general civil case in Circuit Court, an eviction, or a divorce. The track decides your deadline, the court, and whether you appear or file a written answer. Small claims and eviction are short 5-court-day tracks. Confirm the court named in the summons, because that is where your answer is filed with the clerk. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, fraud, duress, estoppel, laches, res judicata, statute of frauds, or waiver. In debt cases, check the six-year limitations period for written contract actions under SDCL 15-2-13(1). If you have a claim against the plaintiff arising from the same transaction or occurrence, you generally must plead it as a compulsory counterclaim under SDCL 15-6-13(a) or lose it. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. South Dakota has no statewide mandated form for a general civil answer, so type the answer with the court, parties, and case caption set under SDCL 15-6-10(a). | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the Circuit Court | File your answer with the clerk of the Circuit Court named in the summons under SDCL 15-6-5(d). Attorneys use the Odyssey electronic filing system, and self-represented litigants may file electronically or on paper. The answer filing fee is $50 total, a $25 filing fee plus a $25 equal access surcharge, unless the court grants a fee waiver. | - | On or before the answer deadline |
| Serve the plaintiff and file proof of service | Serve a copy of your answer on the plaintiff's attorney, or the plaintiff if unrepresented, electronically, by mail, or by personal delivery under SDCL 15-6-5(b), then file proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford the filing fee | If you cannot afford the filing fee, file Form UJS-022, the Motion, Affidavit, and Order for Waiver of Filing and/or Service Fees, when you file your answer. Submitting the request lets you file on time without paying the $50 fee while the court decides eligibility based on an inability to pay. | - | At the time of filing |
| Appear at the hearing or move to set aside a default if you missed the deadline | Calendar every date the court sets, including the small claims hearing date and the eviction appearance date printed on the summons, and any hearing in a general civil case. If a default judgment was already entered, you can move for relief under SDCL 15-6-60(b) within a reasonable time, and for mistake, inadvertence, surprise, or excusable neglect no more than one year after the judgment. Attorney review is available as an option before you file if your case involves a short eviction or small claims deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. South Dakota has no statewide mandated form for a general civil answer, so you type the answer with the court, parties, and case caption set under SDCL 15-6-10(a).
Serve a written answer on the plaintiff or the plaintiff's attorney within 30 calendar days of service under SDCL 15-6-12(a), then file it with the clerk of the Circuit Court named in the summons under SDCL 15-6-5. The answer filing fee is $50 total, which is a $25 filing fee plus a $25 equal access surcharge, unless the court grants a fee waiver. Self-represented defendants may file electronically or on paper.
Under SDCL 15-6-55(a), once your failure to plead or otherwise defend is made to appear by affidavit, the clerk can enter your default and the court can enter a default judgment for what the complaint requests. You can file a Motion for Relief from a Judgment or Order under SDCL 15-6-60(b) for mistake, inadvertence, surprise, or excusable neglect. That motion must be made within a reasonable time, and for those grounds no more than one year after the judgment, so act quickly.
Often yes. Parties commonly agree in writing to extend the answer deadline, and you can ask the court to enlarge the time. Filing a pre-answer motion under SDCL 15-6-12, such as a motion to dismiss for failure to state a claim, can also change the answer timeline until the court rules. Get any extension in writing, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you serve a response.
You can ask the court to waive your filing fee. South Dakota's waiver is requested on Form UJS-022, the Motion, Affidavit, and Order for Waiver of Filing and/or Service Fees, and eligibility is based on an inability to pay. If the court grants the waiver, you can file your answer without paying the $50 filing fee that would otherwise apply.
Yes. Insufficient service of process is a defense you can raise by motion under SDCL 15-6-12 or in your answer. If service did not follow the rules, the court may lack personal jurisdiction and the time to answer may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring the summons still risks a default judgment under SDCL 15-6-55(a).
South Dakota recognizes affirmative defenses including the statute of limitations, accord and satisfaction, payment, release, fraud, duress, estoppel, illegality, laches, res judicata, statute of frauds, and waiver. To assert your own claim against the plaintiff, you plead a counterclaim. Under SDCL 15-6-13(a), a claim that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim is compulsory and can be lost if you do not plead it.
Respond the same way as any civil complaint: serve a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for actions on a written contract under SDCL 15-2-13(1) and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.
A defendant served with a divorce summons and complaint has the same 30 calendar days to serve an answer under SDCL 15-6-12(a). You file your response with the clerk of the Circuit Court named in the summons. Missing the 30-day window can let the divorce proceed by default and let the court decide property, support, and custody issues without your input.
South Dakota follows the federal-style pre-answer motion. Under SDCL 15-6-12(b), you can move to dismiss for grounds such as lack of jurisdiction, insufficient service of process, or failure to state a claim upon which relief can be granted. The motion is brought within the same 30-day response window that applies to an answer and is set for a hearing. If the court denies it, you then serve and file your answer within the time the rule allows.
Other South Dakota guides
How to File a Small Claims Lawsuit in South Dakota (2026)
How to Dispute a Bill in South Dakota (2026)
How to Break a Lease in South Dakota Legally (2026)
Asset Protection Planning in South Dakota (2026)
Setting Up a Business Partnership in South Dakota (2026)
Small Business Loan Guide for South Dakota (2026)
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