(a) Summons — Form. The summons shall be legibly subscribed by the plaintiff or his attorney and shall include the subscriber’s address. It shall be directed to the defendant, and shall require him to answer the complaint and serve a copy of his answer on the subscriber at the subscriber’s address within thirty days after the service of the summons, exclusive of the day of service, and shall notify him that in case of his failure to answer, judgment by default may be rendered against him as requested in the complaint. Whenever the form of the summons is specified in any statute or rule relating to any action, remedy or special proceeding, the form so specified shall be used.
Rule 4.Process
Part II: Commencement of Action — Service of Process, Pleadings, Motions and Orders · Last amended 2016 · Last verified July 16, 2026
In one sentenceRule 15-6-4 governs the summons and its service in South Dakota civil actions — its required form and content, who may serve it and on whom, what counts as personal service for individuals, businesses, minors, incompetent persons, government entities, and foreign parties, and the procedures for proof of service, amendment, and service by mail.
Full Text of Rule 15-6-4
(b) Copy of complaint not requisite to service of summons. A copy of the complaint need not be served with the summons. In such case the summons must state where the complaint is or will be filed. If the complaint is not served with the summons and the defendant within thirty days after service of the summons, in any such case, causes notice of appearance to be given, in person or by attorney, and demands in writing a copy of the complaint specifying a place within the state where it may be served, a copy of the complaint must, within twenty days thereafter, be served accordingly. After such service of the complaint, the defendant has thirty days to answer or otherwise proceed against the complaint. In any of such cases where the same attorney appears for different parties, only one copy of a notice, complaint, answer, motion, or other paper in the action need be served upon him, unless otherwise specifically ordered by the court in any case.
(c) Persons authorized to serve summons. The summons may be served by the sheriff or a constable of the county or other comparable political subdivision where the defendant may be found, or in the District of Columbia by the United States marshal or a deputy, or by any other person not a party to the action who at the time of making such service is an elector of any state. If the defendant to be served is an Indian residing in Indian country, the summons may be served by a person not a party to the action who at the time of making such service is an elector of any state. The service shall be made and the summons returned with proof of the service, with all reasonable diligence, to the plaintiff’s attorney, if any, otherwise to the plaintiff. The plaintiff or the plaintiff’s attorney may by endorsement on the summons fix a time for the service thereof, and the service shall be made accordingly.
(d) What constitutes personal service of summons. The summons shall be served by delivering a copy thereof. Service in the following manner shall constitute personal service:
(1) If the action is against a business entity, on the president, partner or other head of the entity, officer, director, or registered agent thereof. If any of the above cannot be conveniently found, service may be made by leaving a copy of the summons and complaint at any office of such business entity within this state, with the person in charge of such office;
(i) A business entity for purposes of this subdivision shall include, but not be limited to: A. Domestic and foreign corporations; B. Domestic and foreign partnerships; C. Limited liability companies; D. Entities with fictitious names; and E. Any entity required to have a registered agent with the Secretary of State.
(2) If the action is against a public corporation within this state, service may be made as follows:
(i) Upon a county, by serving upon any county commissioner;
(ii) Upon a first or second class municipality, by serving upon the mayor or any alderman or commissioner;
(iii) Upon a third class municipality, by serving upon any trustee;
(iv) Upon an organized township, by serving upon any supervisor;
(v) Upon any school district, by serving upon any member of the school board or board of education; and
(vi) Upon a consumers power district, by serving upon any member of the board of directors;
(3) If the action is against a minor, upon a parent or person having custody, and if the minor is over the age of fourteen years, then also upon such minor personally, and in any event upon the legally appointed guardian, guardian ad litem or conservator, if there is one;
(4) If the action is against a person judicially declared to be mentally incompetent, or who is a patient at an institution for persons with mental illnesses or developmental disabilities or for whom a guardian or conservator has been legally appointed, upon such guardian or conservator, and upon the administrator or superintendent of such institutions for persons with mental illnesses or developmental disabilities, or person having custody, and also upon the person with mental illness or a developmental disability; provided that if the person with mental illness or a developmental disability is a patient of an institution for persons with mental illnesses or developmental disabilities, and the administrator or superintendent thereof shall certify in writing that service upon such person personally would be unavailing or injurious to his physical or mental well-being, and such certificate be filed, service upon such individual may be dispensed with by order of court;
(5) If the action is against the state or any of its institutions, departments, or agencies, by service upon such officer or employee as may be designated by the statute authorizing such action, and upon the attorney general. In all matters involving title to land owned or held in trust by the state or any of its institutions, departments, or agencies, upon the commissioner of school and public lands and the attorney general. In all matters other than those involving title to such lands, if no officer or employee is designated, then upon the Governor and the attorney general. Any of such officers or employees referred to in § 15-6-4 may admit service of the summons with the same legal effect as if it had been personally served upon them by an officer or elector;
(6) If the action is against a state officer, employee or agent arising out of his office, employment or agency, a copy of the summons and complaint shall be mailed, certified mail, postage prepaid to the attorney general together with an admission of service and a return envelope, postage prepaid, addressed to the sender. The executed admission of service shall be filed by the sender in accordance with § 15-6-5(d);
(7) Whenever the manner of service of process is specified in any statute or rule relating to any action, remedy or special proceedings the manner of service so specified shall be followed;
(8) In all other cases, to the defendant personally; and
(9) If the action is against a person or business entity in a foreign country, service may be made as follows:
(i) By an internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the service abroad of judicial and extrajudicial documents; or
(ii) If there is no internationally agreed means of service, service reasonably calculated to give notice may be made:
(A) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction;
(B) As directed by the foreign authority in response to a letter rogatory or letter request; or
(C) Unless prohibited by the law of the foreign country; by delivery to the individual personally; upon a corporation, limited liability company, limited partnership or partnership or association, by delivery to an officer, or a managing, general or registered agent; or by any form of mail requiring a signed receipt; or
(iii) As directed by the court.
Service under this subdivision may be made by any person authorized by § 15-6-4(c), anyone duly authorized to serve lawful summons by the law of the country where service is to be made, pursuant to the applicable treaty or convention, or by anyone designated by order of the court or the foreign court. Proof of service may be made as prescribed in § 15-6-4(g), pursuant to the applicable treaty or convention, by order of the court, or by law of the foreign country. Proof of service by mail shall include an affidavit or certificate of addressing and mailing.
(e) Service in the following manner shall also constitute personal service. If the defendant cannot be found conveniently, service may be made by leaving a copy at the defendant’s dwelling with someone over the age of fourteen years who resides there.
(f) Service upon nonresident or one not found in state. Whenever a statute of this state provides for the service of a legal process upon a party not a resident of or found within the state, service shall be made under the circumstances and in the manner prescribed by the statute.
(g) Proof of service of summons. Proof of the service of the summons and complaint or of any pleading, process, or other paper must state the time, place, and manner of such service or of publication and mailing and must be made as follows:
(1) If served by a sheriff or a county constable, his certificate thereof;
(2) If by any other person, his affidavit thereof;
(3) The written admission of the party or his representative upon whom service might have been made for such party;
(4) In case of publication, by affidavit of the printer, his foreman, or principal clerk or the publisher of the newspaper showing the same and an affidavit of mailing of copies as required by law; or
(5) In case of mailing, by affidavit of mailing and admission of service.
(h) Court may allow amendment of process. The court in its discretion and on such terms as it deems just may at any time allow any summons or other process or proof of service thereof to be amended, unless it clearly appears that substantial rights of the person against whom the process issued would be prejudiced thereby.
(i) Service by mail. Notwithstanding any other provision of law, a summons may be served upon a defendant in any action by mailing a copy of the summons, two copies of the notice and admission of service, conforming substantially to the form provided for in § 15-6-4(j), and a return envelope, postage prepaid, addressed to the sender. The notice and admission of service shall set forth that the failure to sign and return the admission of service within twenty days after the date of mailing without good cause will result in the court ordering the person so served to pay the costs of personal service. Unless good cause is shown for not returning the admission of service to the sender within twenty days of mailing, the court shall order the payment of the costs of personal service to be paid by the defendant in the action.
(j) Notice and admission of service by mail. The notice and admission of service provided for in § 15-6-4(i) shall be substantially in the following form:
NOTICE AND ADMISSION OF SERVICE BY MAIL
STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF ______________________ ______________________ JUDICIAL CIRCUIT ______________________, Plaintiff NOTICE AND ADMISSION OF
vs. SUMMONS/SUMMONS AND
______________________, Defendant COMPLAINT NOTICE TO: ____________________________________________ The enclosed summons is served pursuant to § 15-6-4. You must complete the admission part of this form and return one copy of the completed form to the sender within twenty days. You must sign and date the admission. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return the form to the sender within twenty days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer within thirty days. If you fail to do so, judgment by default will be taken against you for a relief demanded. I hereby certify that this Notice and Admission of Service was mailed on ______________________.
______________________ Signature ______________________ Date of Signature ADMISSION OF SERVICE OF SUMMONS/SUMMONS AND COMPLAINT Personal service of the enclosed Summons/Summons and Complaint is hereby admitted by receipt of copies thereof at ______________________, South Dakota, this ______________________ day of ______________________, 20____________.
______________________ Signature ______________________ Relationship to Entity/ Authority to Receive Service of Process ______________________ Date of Signature
Plain-English Summary
Rule 15-6-4 is the mechanical heart of starting a lawsuit against a defendant. Subdivision (a) sets what a summons must say: it must be signed by the plaintiff or the plaintiff’s attorney with a return address, directed to the defendant, and it must warn that a default judgment can follow if the defendant fails to answer within thirty days. Subdivision (b) allows the summons to be served without an accompanying copy of the complaint, so long as the summons says where the complaint can be found and the defendant is given a path to demand a copy.
Subdivision (c) says who may serve a summons — a sheriff, a constable, a United States marshal in the District of Columbia, or any other adult elector who is not a party to the case. Subdivision (d) is the longest part of the rule: it works through what counts as personal service for different kinds of defendants, including business entities (served through an officer, director, or registered agent), public corporations such as counties, municipalities, and school districts (served through specific officials), minors, people who are incompetent or have a mental illness or developmental disability, the state and its officers, and defendants located in a foreign country, where the rule looks to internationally agreed methods such as the Hague Convention before falling back on other reasonable means.
The remaining subdivisions round out the mechanics. Subdivision (e) allows substituted service by leaving a copy at the defendant’s home with a resident over fourteen if the defendant cannot conveniently be found. Subdivision (g) lists how service must be proven — by a sheriff’s certificate, another server’s affidavit, a written admission, or affidavits tied to publication or mailing. Subdivision (h) lets a court allow amendment of a summons or proof of service unless doing so would prejudice the defendant’s substantial rights. Subdivisions (i) and (j) set out an alternative: service by mail using a notice and admission of service form, which shifts the cost of personal service to a defendant who fails to sign and return that form within twenty days without good cause.
Frequently Asked Questions
What must a summons in a South Dakota civil action say?
Under Rule 15-6-4(a), the summons must be signed by the plaintiff or the plaintiff’s attorney with the subscriber’s address, be directed to the defendant, require an answer within thirty days after service, and warn that a default judgment can be entered if the defendant fails to answer.
Does the complaint have to be served together with the summons?
No. Rule 15-6-4(b) allows the summons to be served without the complaint, as long as the summons states where the complaint is or will be filed. If the defendant demands a copy in writing after appearing, the complaint must then be served within twenty days.
Who is allowed to serve a summons in South Dakota?
Rule 15-6-4(c) allows service by a sheriff or constable of the relevant county, a United States marshal or deputy in the District of Columbia, or any other adult elector of any state who is not a party to the action.
How is a business entity served with a summons?
Rule 15-6-4(d)(1) requires service on the president, a partner or other head of the entity, an officer, a director, or a registered agent. If none of those can conveniently be found, service may be made by leaving a copy at any office of the entity within the state with the person in charge of that office.
What happens if I mail a defendant a notice and admission of service and they never sign it?
Rule 15-6-4(i) provides that if the defendant does not return the signed admission within twenty days of mailing without good cause, the court will order the defendant to pay the costs of accomplishing personal service instead.
Amendment History
(a)SDC 1939 & Supp 1960, § 33.0803; SD RCP, Rule 4 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2010, ch 251 (Supreme Court Rule 09-07), effective September 24, 2009.
(b)SDC 1939 & Supp 1960, § 33.0821; SD RCP, Rule 4 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SDC 1939 & Supp 1960, § 33.0806; SD RCP, Rule 4 (c), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 147, § 1; 1994, ch 155; 1999, ch 102, § 1.
(d)SDC 1939 & Supp 1960, § 33.0807; SD RCP, Rule 4(d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1984, ch 144, § 1; 1986, ch 159; 1992, ch 60, § 2; 1993, ch 213, § 87; 2002, ch 248, § 1; 2003, ch 114, § 1; SL 2005, ch 287 (SCR 05-01), effective February 25, 2005.
(e)SDC 1939 & Supp 1960, § 33.0808; SD RCP, Rule 4 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2005, ch 288 (SCR 05-02), effective February 25, 2005; SL 2016, ch 237 (SCR 15-15), effective January 1, 2016.
(f)SD RCP, Rule 4 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(g)SDC 1939, §§ 33.0810, 33.0816; SL 1945, ch 146; SD RCP, Rule 4 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 11147, § 2; 1985, ch 159, § 2.
(h)SD RCP, Rule 4 (h), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(i)SL 1985, ch 159, § 1.
(j)SL 1985, ch 159, § 3.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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