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S.D. Codified Laws § 21-17A-4

Affidavit required for execution in tort action--Contents

Applied in 1 court decision — leading case Stromberger Farms, Inc. v. Johnson (2020)

Most recently applied in Stromberger Farms, Inc. v. Johnson (April 2020)

Source: SL 1983, ch 168, § 4.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.