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SB 246 revise certain provisions regarding the service...

State of South Dakota  
SEVENTY-FOURTH SESSION
LEGISLATIVE ASSEMBLY,  1999
 

400C0866  
SENATE BILL   NO.     246  

        Introduced by: The Committee on Judiciary at the request of the Governor  

         FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the service of a summons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That §   15-6-4(c) be amended to read as follows:
     15-6-4(c).   The summons may be served by the sheriff or a constable of the county or other comparable political subdivision where the defendant may be found, or in the District of Columbia by the United States marshal or a deputy, or by any other person not a party to the action who at the time of making such service is an elector of the state in which such service is to be made . If the defendant to be served is an Indian residing in Indian country, the summons may be served by a person not a party to the action. The service shall be made and the summons returned with proof of the service, with all reasonable diligence, to the plaintiff's attorney, if any, otherwise to the plaintiff. The plaintiff or the plaintiff's attorney may by endorsement on the summons fix a time for the service thereof, and the service shall be made accordingly.


750 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.016 per page.
  .   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.