South Dakota Secretary of State

SD Secretary of State ► Administrative Services Overview ► Summons & Complaint

Mission: Serving the public by expeditiously filing and processing accurate public records.

Service of Summons

The Secretary of State does not serve as agent for service of process for domestic or foreign business corporations authorized to transact business in the state under SDCL 47-1A. Rather, the corporations' registered agent functions as the agent for service of process under SDCL 47-1A-503 and SDCL 47-1A-1510.

If a corporation has no registered agent or the agent cannot with diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the corporation at its principal office. If service cannot be obtained pursuant to this section, the Office of the Secretary of State is the corporation’s agent for service of process, notice, or demand required or permitted by law to be served on the corporation. This section does not prescribe the only means or necessarily the required means of serving a corporation.

Procedures and Fees

In order to serve a summons, the Secretary of State must receive two copies of the signed and dated summons and complaint. An address for the defendant must be provided together with payment of the $25 fee.

Service on Nonresident

The Secretary of State will accept service of process on nonresidents under the nonresident motorist statute SDCL 15-7-6 and SDCL 15-7-13 the nonresident hunter statute.

Procedure and Fees

Service of process as authorized by SDCL 15 shall be made by serving a copy thereof upon the Secretary of State, or by filing the copy in the office of the Secretary of State, together with payment of a fee of $10.
Questions regarding summonses should be addressed to your attorney, the attorney filing the lawsuit, or the court in which the lawsuit was filed.

For more information regarding service of process, please contact the Corporate Division of the Office of the Secretary of State:

• by phone at (605) 773-4845;
• by fax at (605) 773-4550;
• by Email; or
• by mailing your inquiry to:

Office of the Secretary of State

Corporate Division
500 E Capitol Avenue
Pierre, SD 57501

Notary Commissions

Apostilles & Authentications

Summons & Complaints

Lobbyist Registration

Concealed Pistol Permits

Filing Fees

Miscellaneous Filings

Blue Book