South Dakota Rules of Civil Procedure

South Dakota's rules for serving a summons are in the South Dakota Codified Laws (SDCL), mainly SDCL 15-6-4, which is Rule 4 of the state's Rules of Civil Procedure. Service by publication is covered by SDCL chapter 15-9.

In South Dakota, a civil action starts when the summons is served, not when the complaint is filed (SDCL 15-2-30). That makes timely service especially important. South Dakota doesn't license process servers.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current code on the South Dakota Legislature site or ask an attorney before relying on it.

South Dakota process servers

• Become a process server in South Dakota
• Hire a process server in South Dakota

Quick facts: process serving in South Dakota

• Who can serve: A sheriff or constable of the county where the defendant is found, or any person who isn't a party and is an elector (a qualified voter) of any state (SDCL 15-6-4(c)).
• Licensing: South Dakota doesn't license or register process servers.
• Deadline to serve: No fixed deadline, but a case isn't started until service is made. If the summons is delivered to the sheriff to protect a limitations deadline, it must be served or first published within 60 days (SDCL 15-2-31).
• Substituted service: If the defendant can't be found conveniently, the papers can be left at their home with someone over 14 who lives there (SDCL 15-6-4(e)).
• Proof of service: A private server signs an affidavit stating the time, place and manner of service (SDCL 15-6-4(g)).
• Time to respond: 30 days after service of the complaint (SDCL 15-6-12(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across South Dakota. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

Register for ServeManager

Do you need a license to serve process in South Dakota?

No. South Dakota has no license, registration or certification for private process servers. Under SDCL 15-6-4(c), a summons can be served by:

• The sheriff or a constable of the county where the defendant can be found
• Any other person who isn't a party to the case and who is an elector of any state at the time of service

The same rule applies when serving a defendant who is an Indian residing in Indian country: the server must be a non-party elector of any state. The plaintiff or their attorney can set a deadline for service by writing it on the summons.

For a step-by-step guide, see Become a Process Server in South Dakota.

How to serve a summons in South Dakota

Personal service: SDCL 15-6-4(d)

The server delivers a copy of the summons to the defendant personally (SDCL 15-6-4(d)). If a statute or rule sets a specific method for a type of case, that method must be used.

Substituted service at home: SDCL 15-6-4(e)

If the defendant can't be found conveniently, the server can leave a copy at the defendant's dwelling with someone over the age of 14 who lives there. This counts as personal service. The current wording took effect on January 1, 2016.

Service by mail with admission: SDCL 15-6-4(i)

The summons can be mailed with two copies of a notice and admission of service and a prepaid return envelope (SDCL 15-6-4(i)). If the defendant doesn't sign and return the admission within 20 days of mailing without good cause, the court will order them to pay the cost of personal service. Service isn't complete until the admission is signed.

Minors and incompetent persons: SDCL 15-6-4(d)

• Minors: Serve a parent or the person with custody. If the minor is over 14, also serve the minor personally. Any guardian, guardian ad litem or conservator must also be served.
• Incompetent or institutionalized persons: Serve the guardian or conservator, the head of the institution or person with custody, and the person themselves, unless the court excuses personal service.

Service outside South Dakota: SDCL 15-6-4(f)

When a statute allows service on someone who doesn't live in or can't be found in South Dakota, service must follow that statute (SDCL 15-6-4(f)). Service in another country can use an internationally agreed method such as the Hague Service Convention, the foreign country's own rules, or another method the court directs (SDCL 15-6-4(d)).

Service by publication: SDCL 15-9-7

If the defendant can't be found in South Dakota after due diligence, and that's shown by affidavit, the court can order service by publication (SDCL 15-9-7). In most cases, the order calls for publication in a newspaper in the county where the case is pending at least once a week for four successive weeks (SDCL 15-9-17). See What is service by publication?

Serving businesses and other entities

Under SDCL 15-6-4(d):

• Corporations, partnerships, LLCs and businesses with a fictitious name: Serve the president, a partner or other head, an officer, a director or the registered agent. If none can be found conveniently, leave the summons and complaint with the person in charge of any of the entity's offices in South Dakota. Registered agents are listed with the South Dakota Secretary of State.
• Counties: Any county commissioner.
• First or second class municipalities: The mayor, any alderman or any commissioner.
• Third class municipalities: Any trustee.
• Organized townships: Any supervisor.
• School districts: Any member of the school board or board of education.
• State of South Dakota and its agencies: The officer or employee named in the statute that allows the suit, plus the attorney general. If no one is named, the Governor and the attorney general.
• State officers or employees sued over their official duties: Mail the summons and complaint by certified mail to the attorney general, with an admission of service and a prepaid return envelope.

Serving a subpoena in South Dakota

Anyone qualified to serve a summons can serve a subpoena, in the same way a summons is served, but not by publication. It must be served early enough for the witness to travel to the place of appearance by ordinary means.

At the time of service, the server must tender fees for one day's attendance and the mileage allowed by law. The return must state that the fees were paid or that the witness signed a waiver. If the fees aren't paid or waived, the witness doesn't have to obey. Fees don't need to be tendered when the subpoena is issued for the state or a political subdivision (SDCL 15-6-45(c)).

Proof of service: SDCL 15-6-4(g)

Proof of service must state the time, place and manner of service. It's made by:

• A certificate, if a sheriff or county constable served the papers
• An affidavit, if anyone else served them
• The written admission of the person served or their representative
• For publication, an affidavit of the printer or publisher, plus an affidavit of mailing where required
• For mail service, an affidavit of mailing and the signed admission of service

The summons, with proof of service, goes back to the plaintiff's attorney, or to the plaintiff if they don't have one (SDCL 15-6-4(c)).

Hire a South Dakota process server

Find agencies across the state in our South Dakota process server directory.

More South Dakota resources

• Become a Process Server in South Dakota
• Courts in South Dakota
• SDCL 15-6-4: Summons and process (South Dakota Legislature)
• South Dakota Secretary of State business search

This page is a general overview of South Dakota law, not legal advice. Laws change. Check the current code or talk to an attorney about your case.