SDCL tit. 15, ch. 6, app C to SDCL 15-6, form 27

Current through the 2024 Legislative Session

Form 27 - Expedited civil action certification

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT

: SS

COUNTY OF __________ ) ________________ JUDICIAL CIRCUIT

__________, Civ. __________

Plaintiff,

v. EXPEDITED CIVIL ACTION CERTIFICATION

__________,

Defendant.

Plaintiff, ________________________________________, together with Plaintiff's attorney,

Name of Plaintiff

________________________________________, elect to bring this lawsuit as an Expedited

Name of attorney

Civil Action under article IX of the Rules of Civil Procedure.

Plaintiff certifies that the sole relief sought is a money judgment and that all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any kind, penalties, and attorneys' fees, but excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and costs.

Plaintiff certifies the following:

1. I am a plaintiff in this action.

2. If I am represented by an attorney, I have conferred with my attorney about using the Expedited Civil Action procedures available to parties in the State of South Dakota.

3. I understand that by electing to proceed under Expedited Civil Action procedures, the total amount of my recovery will not exceed $75,000, excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and court costs. Additionally, no single defendant can be liable for more than $75,000 to all plaintiffs combined, excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and court costs.

4. I understand that if a jury were to award more than $75,000 as damages to me, or if a jury were to award more than $75,000 in total against a single defendant, the trial judge would reduce the amount of the judgment to $75,000, plus any applicable interest and court costs to which I may be entitled.

With this knowledge, I agree to proceed under the Expedited Civil Action procedures.

Dated this __________ day of __________, 20 __________.

__________

Plaintiff

Oath and Signatures

I, ______________________________, certify under penalty of perjury and pursuant to the

Print Plaintiff's Name

laws of the State of South Dakota that the preceding is true and correct.

______________ ______, 20__________,

Month Day Year

_____________________________ ____________________________________________

Handwritten signature of Plaintiff Full name of Plaintiff; first, middle, last

____________________________________________

Plaintiff's attorney's name, if applicable

____________________________________________

Signature of attorney, if applicable

____________________________________________

Law firm, if applicable

____________________________________________

Mailing address of attorney (or Plaintiff if unrepresented)

______________________________________________

Telephone number of attorney (or Plaintiff if unrepresented)

_____________________________________________

Email address of attorney (or Plaintiff if unrepresented)

_____________________________________________

Additional email address, if available

SDCL tit. 15, ch. 6, app C to SDCL 15-6, form 27

SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.