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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 21-15-2: Contents of plaintiff's affidavit.

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Where this section sits in the code
  1. TITLE 21. JUDICIAL REMEDIES
  2. CHAPTER 21-15. CLAIM AND DELIVERY OF PERSONAL PROPERTY

When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:

(1) That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;

(2) That the property is wrongfully detained by the defendant;

(3) The alleged cause of the detention thereof, according to his best knowledge, information, and belief;

(4) That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;

(5) The actual value of the property.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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