S.D. Codified Laws § 21-28-3
Current with legislation signed by the governor on or before 3/6/2024
When the action described by § 21-28-1 is prosecuted by the state's attorney, the State of South Dakota shall be plaintiff; when it is prosecuted by a private person, such person shall be the plaintiff therein and the proceedings in such action shall be the same as in an action by a private person except as otherwise specially provided.
SDCL 21-28-3