South Dakota § 21-27-9.1 - Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
Full text of South Dakota South Dakota Codified Laws § 21-27-9.1 — Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served., with citation guidance and answers to common questions.
§ 21-27-9.1. Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
The writ of habeas corpus may be served by the sheriff, coroner, or any person appointed for that purpose by the court or judge by whom the writ is entered; if served by a person not an officer, he has the same power, and is liable to the same penalty for nonperformance of his duty, as though he were sheriff. Service shall be made by leaving a copy of the order with the person to whom it is directed, or with any of his subordinates who may be at the place where the applicant is detained. If the respondent does not have the applicant imprisoned or restrained in custody, the service may be made upon any person who has the applicant in custody with the same effect as though he had been made a respondent. Concurrent service of the writ of habeas corpus shall be made upon the state's attorney of the county in which the application is made.
Source: SL 1983, ch 169, § 8; SL 1984, ch 161, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 21-27-9.1
What does South Dakota Codified Laws § 21-27-9.1 cover?
Section 21-27-9.1 ("Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.") 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 § 21-27-9.1?
A common citation format is "South Dakota Codified Laws § 21-27-9.1" (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 § 21-27-9.1 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.