What is the process of submitting a complaint in a small claims court case?
The process of submitting a complaint in a small claims court case in South Dakota begins with the filing of a complaint. The complaint is a document that details the legal claims against the defendant and must be signed in front of a Notary Public. Once the complaint is filed, a summons must be served on the defendant. The summons will notify the defendant of the lawsuit and will include a date for an initial hearing. At the initial hearing, the court will decide if the complaint and service of summons have been lawfully issued. If they have, the court will then set a trial date. The defendant must file an answer to the complaint before the trial date. The answer must be filed in a timely manner and should detail any evidence or defenses the defendant may have. Once the trial date arrives, both parties must appear before the court. Each side will have the opportunity to present evidence, witnesses, and legal arguments supporting their position. At the end of the trial, the judge will make a decision and issue a judgement. The judgement will be binding and enforceable whether or not the defendant personally appears in court.
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