South Dakota § 21-17A-4 Affidavit required for execution in tort action--Contents.

South Dakota Statutes

§ 21-17A-4 — Affidavit required for execution in tort action--Contents.

South Dakota § 21-17A-4

Title 21JUDICIAL REMEDIES

Ch. 21-17AATTACHMENT OF PROPERTY

This text of South Dakota § 21-17A-4 (Affidavit required for execution in tort action--Contents.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-17A-4 (2026).

Text

Before a writ of attachment may be executed in a tort action, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that a cause of action in tort exists in favor of the plaintiff and against the defendant, that the damages sustained exceed fifty dollars specifying the amount claimed and either:

(1)The defendant is not a resident of this state; or that his residence is unknown and cannot with due diligence be ascertained; or (2) The defendant is a foreign corporation.

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Before a writ of attachment may be executed in a tort action, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that a cause of action in tort exists in favor of the plaintiff and against the defendant, that the damages sustained exceed fifty dollars specifying the amount claimed and either: (1) The defendant is not a resident of this state; or that his residence is unknown and cannot with due diligence be ascertained; or (2) The defendant is a foreign corporation.