15-6-5(b)Service--How made--Proof.

(1)Unless otherwise ordered by the court or provided by rule, whenever this chapter requires or permits service to be made upon a party represented by an attorney, the service shall be made upon the attorney.

(2)Unless otherwise ordered by the court, all documents filed with the court electronically through the Odyssey® system or served electronically through the Odyssey® system are presumed served upon all attorneys of record at the time of submission.

(3)Documents not filed with the court may be served upon an attorney by any of the following methods:

A.    electronically through the Odyssey® system;

B.    by electronic mail, using the email address designated by the attorney or law firm for service, or if none, the email address published in the Membership Directory of the State Bar of South Dakota;

C.    by first class mail to the attorney’s last known address, which is complete upon mailing;

D.    by facsimile transmission subject to the following conditions:

(i)    the attorney upon whom service is made has the necessary equipment to receive such transmission;

(ii)    the attorney has agreed to accept service by facsimile transmission, or has served the serving party in the same case by facsimile transmission; and

(iii)    the time and manner of transmission comply with the requirements of § 15-6-6(a), unless otherwise established by the Court; or

E.    by delivery to the attorney, or an employee of the attorney, at the attorney’s office.

(4)    An attorney’s certificate of service, the written admission of service by the party or his attorney, or an affidavit of service are sufficient proof of service.

(5)    Unless otherwise ordered by the court, service upon a party not represented by counsel must be made using one of the following methods:

A.    by delivery to the party or leaving it at the party’s dwelling house or usual place of abode with some person over the age of fourteen years then residing therein;

B.    by first class mail to the party’s last known address, which is complete upon mailing; or

C.    if no address is known, by leaving it with the clerk of the court.

(6)    The provisions of § 15-6-5 do not apply to the service of a summons or other process or of any paper to bring a party into contempt.

Source: SDC 1939 & Supp 1960, § 33.0819; SD RCP, Rule 5 (b), as adopted by Sup. Ct. Order Mar. 29, 1966, eff. July 1, 1966; SL 1991, ch 424 (Supreme Court Rule 90-01); SL 1991, ch 446 (Supreme Court Rule 91-12); SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; Supreme Court Rule 22-12, eff. Jan. 1, 2023.