Summons & Complaint
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 59-11. Rather, the
corporations' registered agent functions as the agent for service of
If an entity that previously filed a registered
agent filing with the secretary of state no longer has a registered agent, or if
its registered agent cannot with reasonable diligence be served, the entity may
be served by registered or certified mail, return receipt requested, addressed
to the governors of the entity by name at its principal office in accordance
with any applicable judicial rules and procedures. The names of the governors
and the address of the principal office may be as shown in the most recent
annual report filed with the secretary of state.
If the corporation is conducting business without
an agent and service cannot be obtained pursuant to this section, the Secretary
of State will act as the agent for service of process.
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 $30.00 fee.
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.
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 $15.
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
500 E Capitol Avenue
Pierre, SD 57501