Form 1 - Summons
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT
A.B.,
Plaintiff
vs. SUMMONS
C.D., Defendant
To the Above-Named Defendant:
You are hereby summoned and required to serve upon _____, plaintiff's attorney, whose address is _____, an answer to the complaint which (is herewith served upon you) 1 ((will be) 2 (was on the _____ day of _____, 20__) 3 filed in the office of the clerk of the Circuit Court of the Second Judicial Circuit at Sioux Falls in and for the County of Minnehaha, State of South Dakota,) within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
(This action involves, affects, or brings in question real property situated in the County of Minnehaha, State of South Dakota, described as follows: 4
The object of the above entitled action is _____ 5
(The plaintiff makes no personal claim against you in the action) 6
(This summons shall be served on (or before) the _____ day of _____, 20__) 7__________ Attorney for Plaintiff 8
This summons, in the language of the first paragraph, with included variations, is issued pursuant to § 15-6-4. For the form of summons in actions DETERMINING ADVERSE CLAIMS TO REAL ESTATE SEE § 21-41-7. Reference should be had in all instances to statutory provisions relating to a particular remedy or proceeding.
1 Use when complaint is served with summons.
2 Use where summons is not served and is to be filed.
3 Use where service by publication requires statement of date and place of filing. (§ 15-9-18)
4 Description of real estate required pursuant to § 21-45-5 where service is by publication in action for PARTITION OF REAL ESTATE. A description of the JUDGMENT is required in a summons to show cause in SUPPLEMENTARY JUDGMENT PROCEEDINGS against joint debtors. (§§ 15-8-1 to 15-8-6, inclusive.)
5 For contents of summons: CONDEMNATION § 21-35-9; ESCHEATS § 21-36-9.
6 For use when no personal claim is asked. See § 15-9-6.
7 Section 15-6-4(c) provides for endorsement fixing time for service.
8 State's attorney commencing civil action on behalf of county note requirement for the endorsement by the judge of the circuit court pursuant to § 7-19-1.