South Dakota § 15-39-55 Notice valid though refused by defendant--Further notice on failure of delivery.

South Dakota Statutes

§ 15-39-55 — Notice valid though refused by defendant--Further notice on failure of delivery.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15-38 SMALL CLAIMS PROCEDURE

Notice shall be valid although refused by the defendant and, therefore, not delivered. If the notice is returned undelivered, without refusal by the defendant, or if in any other way it appears that notice has not reached the defendant, the clerk shall issue, at the request of the plaintiff and at the expense of the plaintiff, such other or further notice as the court may order. If plaintiff elects not to pursue further notification of the defendant or if the further notification is unsuccessful after ninety days, the clerk may dismiss the action without prejudice.

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Notice shall be valid although refused by the defendant and, therefore, not delivered. If the notice is returned undelivered, without refusal by the defendant, or if in any other way it appears that notice has not reached the defendant, the clerk shall issue, at the request of the plaintiff and at the expense of the plaintiff, such other or further notice as the court may order. If plaintiff elects not to pursue further notification of the defendant or if the further notification is unsuccessful after ninety days, the clerk may dismiss the action without prejudice.

South Dakota § 15-39-55 (Notice valid though refused by defendant--Further notice on failure of delivery.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SDC 1939 & Supp 1960, § 33.4110; SDCL § 15-39-15; Supreme Court Rule 81-4; SL 1988, ch 425 (Supreme Court Rule 87-6); SL 2008, ch 289 (Supreme Court Rule 08-03), eff. July 1, 2008.