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To start a Small Claims Court action, the Plaintiff completes the Claim Affidavit (Form 2) and files it with the clerk of court. Then, the Plaintiff arranges for service of a copy of the completed Claim Affidavit and five (5) other forms from the Small Claims Court packet on the Defendant.
(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.
The procedures are simple and inexpensive. The maximum limit set by current law for South Dakota Small Claims actions is $12,000 plus court costs. Claims for more than $12,000.00 must be filed as formal civil actions, unless a party is willing to waive recovery of any amounts over $12,000.
A copy of the summons and complaint must be deposited in a post office or with a third-party commercial carrier in North Dakota, postage or shipping prepaid, and directed to the defendant to be served at the defendant's last reasonably ascertainable address, within ten days after the filing of the affidavit for ...
The dollar limit varies from $5,000 to $10,000 depending on local rules. You can contact the clerk of court in your county to find out your local small claims court limit. If you are requesting more than the limit, up to $25,000, your case must be filed in district court.
An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion.
The jurisdiction of this court is confined to cases for recovery of money, or the cancellation of any agreement involving material fraud, deception, misrepresentation, or false promise, where the value of the agreement or the amount claimed by the plaintiff or the defendant does not exceed fifteen thousand dollars.
(5) Papers to be Used on Hearing. Unless otherwise directed by the court, all affidavits, notices and other papers designed to be used on the hearing of a motion or order to show cause must be filed at least 24 hours before the hearing.
To do so, North Dakota Century Code § 14-15-19(2), requires both parents to sign away their rights in writing to the agency taking custody of the child or in the presence and with approval of a judge.