15-9-1      Security for costs required of nonresident plaintiff.
15-9-2      Resident required as surety--Corporate bond--Deposit of cash.
15-9-3      Form and extent of surety's obligation for costs.
15-9-4      Dismissal of action for failure to give security for costs.
15-9-5      Motion for additional security for costs--Dismissal on failure to give additional security.
15-9-6      Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice.
15-9-7      Service by publication when defendant not found in state.
15-9-8      Service by publication in actions for divorce, annulment, child custody, and paternity.
15-9-8.1      Service by publication in adoption proceedings.
15-9-9      Service by publication in actions involving property within state.
15-9-10      Service by publication in lien foreclosure actions.
15-9-11      Service by publication on domestic corporation without known place of business or agent.
15-9-12      Service by publication on foreign corporation with property in jurisdiction of court.
15-9-13      Service by publication on absconding resident defendant.
15-9-14      Service by publication on nonresident with property in jurisdiction of court.
15-9-15      Service by publication on unknown parties.
15-9-16      Search within state not required for service of publication on nonresident.
15-9-17      Newspaper in which service by publication made--Number of publications.
15-9-18      Filing of complaint stated in publication of summons--Publication of complaint not required.
15-9-19      Mailing of summons and complaint to defendant served by publication.
15-9-20      Personal service without state in lieu of service by publication--Admission of service.
15-9-21      Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.
15-9-22      Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.
15-9-23      Action by assignee subject to setoff or defense--Negotiable instruments excepted.

15-9-1. Security for costs required of nonresident plaintiff.

In cases in which the plaintiff is a nonresident of the state or a foreign corporation or a foreign limited liability company at the time of commencing the action or if the plaintiff removes from the state after its commencement, the plaintiff shall furnish sufficient security for costs.

Source: SDC 1939 & Supp 1960, § 33.1820; SL 1994, ch 351, § 36.

15-9-2. Resident required as surety--Corporate bond--Deposit of cash.

The surety required by § 15-9-1 must be a resident of the county where the action is brought and must be approved by the clerk. A sufficient corporate surety bond or deposit of cash accepted by the clerk shall also be sufficient surety.

Source: SDC 1939 & Supp 1960, § 33.1820.

15-9-3. Form and extent of surety's obligation for costs.

The obligation of the surety required by § 15-9-1 shall be complete by endorsing the summons or complaint to the effect that he is surety for costs of the action and signing his name thereto or by the filing of surety bond or deposit of costs by the party.

The surety shall be bound for the payment of all costs and disbursements which may be adjudged against the plaintiff in the court in which the action is brought or in any other to which it may be carried, not exceeding in all two hundred fifty dollars, whether the plaintiff obtain judgment or not.

Source: SDC 1939 & Supp 1960, § 33.1820.

15-9-4. Dismissal of action for failure to give security for costs.

An action in which security for costs is required by § 15-9-1, and has not been given, shall be dismissed on a motion and notice by the defendant at any time before judgment unless in a reasonable time to be allowed by the court such security for costs be given in an amount to be designated by the court.

Source: SDC 1939 & Supp 1960, § 33.1820.

15-9-5. Motion for additional security for costs--Dismissal on failure to give additional security.

In an action in which security for costs has been given the defendant may at any time before judgment after reasonable notice to the plaintiff move the court for additional security on the part of the plaintiff and if on such motion the court be satisfied that the surety has removed from this state or is not sufficient, or the amount of bond is insufficient, the action may be dismissed unless within a reasonable time to be fixed by the court sufficient surety be given by the plaintiff in an amount designated by the court.

Source: SDC 1939 & Supp 1960, § 33.1821.

15-9-6. Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice.

If no personal judgment is asked against a defendant, the plaintiff or his attorney, over his signature, shall endorse upon the summons or attach thereto and serve or publish therewith a notice generally stating the object of the action briefly describing any property affected thereby and stating that no personal claim is made against such defendant. No costs shall be taxed or money judgment taken against such defendant unless he defends the action. Failure to serve such notice shall render the plaintiff liable for costs to an answering defendant entitled to such notice.

Source: SDC 1939 & Supp 1960, § 33.0804.

15-9-7. Service by publication when defendant not found in state.

A summons, writ, order, or decree may be served by publication under the conditions and in the manner provided hereinafter and in §§ 15-9-8 to 15-9-21, inclusive.

Where the person on whom the service of the summons, writ, order, or decree is to be made cannot, after due diligence, be found within the state and that fact appears by affidavit to the satisfaction of the court or a judge thereof, and it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made or that he is a proper party to an action relating to real or personal property in this state, or to the writ, order, or decree, such court or judge may grant an order that the service be made by publication of the summons in any of the cases described in §§ 15-9-8 to 15-9-15, inclusive.

Source: SDC 1939 & Supp 1960, § 33.0812.

15-9-8. Service by publication in actions for divorce, annulment, child custody, and paternity.

The court may grant an order pursuant to § 15-9-7 in an action for divorce, a decree annulling a marriage, a child custody action, or an action to establish paternity.

Source: SDC 1939 & Supp 1960, § 33.0812 (6); SL 2017, ch 90, § 1.

15-9-8.1. Service by publication in adoption proceedings.

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the action is for adoption.

Source: SL 1969, ch 152.

15-9-9. Service by publication in actions involving property within state.

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the subject of the action is property in this state and the defendant has or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest in or lien thereon.

Source: SDC 1939 & Supp 1960, § 33.0812 (5).

15-9-10. Service by publication in lien foreclosure actions.

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the action is for the foreclosure of a lien on real or personal property in this state.

Source: SDC 1939 & Supp 1960, § 33.0812 (4).

15-9-11. Service by publication on domestic corporation without known place of business or agent.

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a private corporation created by the laws of this state or of the territory of Dakota, which has no known office or place of business in this state and no known officer or agent resident in this state.

Source: SDC 1939 & Supp 1960, § 33.0812 (7).

15-9-12. Service by publication on foreign corporation with property in jurisdiction of court.

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a foreign corporation and the cause of action arose in this state, or where such defendant has property within this state and the court has jurisdiction over the subject of the action, and where by attachment, garnishment, or other process, the plaintiff has brought such property under jurisdiction of the court.

Source: SDC 1939 & Supp 1960, § 33.0812 (1).

15-9-13. Service by publication on absconding resident defendant.

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent.

Source: SDC 1939 & Supp 1960, § 33.0812 (2).

15-9-14. Service by publication on nonresident with property in jurisdiction of court.

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is not a resident of this state but has property therein, and the court has jurisdiction of the subject of the action; and where by attachment, garnishment, or other process the plaintiff has brought such property under jurisdiction of the court.

Source: SDC 1939 & Supp 1960, § 33.0812 (3).

15-9-15. Service by publication on unknown parties.

When it is made to appear by affidavit, made by or on behalf of the plaintiff, that there is reason to believe that there may be unknown persons, whether personal representatives, devisees, legatees, heirs, or creditors, of any person having an interest in the subject matter of the suit, or any other unknown person having claim of any character which might be adversely affected by the judgment to be rendered in the suit, the court may grant an order for the service of the summons upon such unknown persons by publication.

Source: Supreme Court Rule adopted May 22, 1943; SDC Supp 1960, § 33.0812 (8).

15-9-16. Search within state not required for service of publication on nonresident.

If it be made to appear by affidavit to the satisfaction of the court, and the court shall find, that the place of residence of the person to be served is at a certain specified place without this state, and his post office address, whether within or without this state, be likewise shown and established, it shall not be necessary to show nor for the court to find, that such persons cannot after due diligence be found and served personally within this state.

Source: SDC 1939, § 33.0813 as added by SL 1947, ch 154.

15-9-17. Newspaper in which service by publication made--Number of publications.

In all actions affecting real property the order for service by publication of summons must direct the publication to be made in a newspaper printed in the county where the premises or some part thereof are situated, if a paper be published therein, and if none, then in the paper published in this state nearest to the county seat of such county. Except in actions affecting real property, the order must direct the publication to be made in some newspaper in the county where the action is pending to be designated as most likely to give notice to the person to be served and for such length of time as may be deemed reasonable, not less than once a week for four successive weeks.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.

15-9-18. Filing of complaint stated in publication of summons--Publication of complaint not required.

In all cases where the summons is served by publication, the complaint must be filed and the summons as published must state the date and place of such filing. The complaint need not be published.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.

15-9-19. Mailing of summons and complaint to defendant served by publication.

The court or judge must also direct a copy of the summons and complaint to be forthwith sent by first class mail, directed to the person to be served at his post office address unless it appears that the place of residence and post office address of such person is neither known to the party making the application nor can with reasonable diligence be ascertained by him; and also directed to any corporation to be served at its present or last known office or place of business.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.

15-9-20. Personal service without state in lieu of service by publication--Admission of service.

In any of the cases where service of summons, writ, order, or decree by publication is authorized in lieu thereof the same may and without any order of the court at the option of the party making service, be personally served upon any defendant in person without the state, or any such defendant may admit such service, and as to a defendant so served, no publication or other proceedings relating thereto shall be necessary.

Source: SDC 1939 & Supp 1960, § 33.0814.

15-9-21. Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.

The service of summons, writ, order, or decree by publication shall be deemed complete upon the last publication thereof ordered by the court. The time in which answer shall be required by the writ, order, or decree become effective, shall commence to run the day next following such last publication. In case personal service shall be made upon any defendant as to whom the publication has been ordered, service shall be complete on the date of making such personal service.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.

15-9-22. Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.

The defendant against whom publication is ordered or his representatives on application and sufficient cause shown at any time before judgment must be allowed to defend the action; and, except in an action for divorce, the defendant against whom publication is ordered or his representatives may, in like manner, upon good cause shown be allowed to defend after judgment or at any time within one year after notice thereof and within seven years after its rendition on such terms as may be just; and if the defense be successful and the judgment or any part thereof has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs; but the title to property sold under such judgment to a purchaser in good faith shall not be thereby affected.

Source: SDC 1939 & Supp 1960, § 33.0815.

15-9-23. Action by assignee subject to setoff or defense--Negotiable instruments excepted.

In case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration before due.

Source: SDC 1939 & Supp 1960, § 33.0404.