21-16-6. Verified Complaint--Service with Summons--Procedure.

The complaint shall be in writing and verified by the plaintiff or the plaintiff's agent or signed by the plaintiff's attorney, and served with a summons. A sheriff, any person legally authorized to effect service under § 15-6-4(c), or constable of the county shall attempt to serve a lessee, subtenant, or party in possession with a minimum of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.

On the second service attempt, the summons may be posted in a conspicuous place on the property and delivered to a person there residing, if such person can be found, and also sent by first class mail addressed to the tenant at the place where the property is situated.

Source: JustC 1877, § 37; CL 1887, § 6076; RJustC 1903, § 47; RC 1919, § 2174; SDC 1939 & Supp 1960, § 37.3905; SL 2020, ch 74, § 1.

21-16-6.1 . Service by publication--Exemption.

On the same day as the first attempted service under § 21-16-6, the plaintiff bringing an action of forcible entry and detainer, or of detainer only, under §  21-16-1 may cause the summons to be published in a legal newspaper printed in the county where the subject property is located or in an adjacent county in accordance with §  17-2-10 . A plaintiff who causes a summons to be published under this section must cause the publication only once.

Section 15-9-17 does not apply to any publication required under this section.

Source: SL 2020, ch 74, § 2.