South Dakota § 21-15-2 - Contents of plaintiff's affidavit.

Full text of South Dakota South Dakota Codified Laws § 21-15-2 — Contents of plaintiff's affidavit., with citation guidance and answers to common questions.

§ 21-15-2. Contents of plaintiff's affidavit.

When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:

(1)    That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;

(2)    That the property is wrongfully detained by the defendant;

(3)    The alleged cause of the detention thereof, according to his best knowledge, information, and belief;

(4)    That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;

(5)    The actual value of the property.

Source: CCivP 1877, § 177; CL 1887, § 4973; RCCivP 1903, § 185; RC 1919, § 2412; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, § 37.3802.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 21-15-2

What does South Dakota Codified Laws § 21-15-2 cover?

Section 21-15-2 ("Contents of plaintiff's affidavit.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 21-15-2?

A common citation format is "South Dakota Codified Laws § 21-15-2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 21-15-2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.