The Office of the Sheriff is responsible for the service of all criminal warrants, subpoenas, summons, complaints, motions, orders, notice to quit and vacate, civil executions, distress warrants, mental health commitments, and divorce papers that are received by the Day County Sheriff’s Office. The Civil Process responsibilities are under the supervision of the designated Deputy and the Sheriff. All Civil Process papers are to be served as quickly as possible with due diligence and an aggressive effort to see that the papers are served.

There will also be times when service is difficult. Many times the person you are attempting to serve may not be home. If the service can be made to another household member, the Officer may do so if the law permits substituted service, see the following Statute:

15-6-4(e). Substituted personal service of summons authorized. 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 his dwelling house in the presence of a member of his family over the age of fourteen years or if the defendant resides in the family of another, with a member of such age of the family with which he resides.

Summons and Complaint

The main objective of the summons is to notify the defendant of the plaintiff’s claim against that person and that certain consequences will follow from the defendant’s failure to answer the summons. A copy of the complaint need not be served with the summons at the time of service, though typically it is. In such case, the summons must state where the complaint is, or will be filed.

The Sheriff or one of his Deputies of the County where the defendant may be found may serve a summons and complaint. The service shall be made and the summons returned with proof of service with all reasonable diligence to the plaintiff’s attorney, if any, otherwise to the plaintiff. A schedule of fees for service of the summons may be found in SDCL 7-12-18. A municipal peace officer will have jurisdiction to serve civil process in accordance with SDCL 9-14-29 and 9-14-26. The summons and complaint shall be served by delivering a copy thereof.