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2025 House Bill 1250 - SD Legislature revise certain provisions related to proof of service of legal documents.

25.891.9 100th Legislative Session 1250

2025 South Dakota Legislature

House Bill 1250

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, 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 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.