When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the clerk of the court of the county as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors at their last known addresses.
S.D. Codified Laws § 23A-43-23
(Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion
Applied in 2 court decisions — leading case State v. Krage (1987)
Most recently applied in State v. Dakota Bail Bonds (July 2024)
Source: SL 1978, ch 178, § 524.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.