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South Dakota Answer (with Minor Children) Form

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South Dakota Answer (with Minor Children) Form
South Dakota Answer (with Minor Children) Form
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Form UJS-318 Rev. 02/2014
Instructions for Answer & Forms
An Answer is a written response to the Complaint with Minor Children. This must be
completed by the Defendant to protect the Defendant’s rights. If the Defendant chooses to file an
Answer, he/she must file the Answer with the Clerk of Courts and serve it on the Plaintiff within 30
days after Defendant is served with the Summons and Complaint (the date Defendant either signed
the Admission of Service or the papers were delivered to the Defendant by the Sheriff or process
server). If an Answer is not filed, the court may grant the Plaintiff everything requested in the
Complaint and the judge may enter a Default Judgment & Decree of Divorce.
Complete this form in black or blue ink only!
Complete the top portion of the Answer (the “caption”) just as it appears in the Summons
and Complaint with Minor Children. NOTE: The caption is the top portion of each
form. You will need to know the name of your county, judicial circuit (ask your Clerk of
Court if you don’t know), name of Plaintiff, name of Defendant and case filing number
(ask your Clerk of Court if you don’t know). The caption is the same on every form.
Answer or complete paragraphs 1-4. You must respond to each and every paragraph
of the Complaint with Minor Children. (You must Admit, Deny, Partially Admit or
Deny, or state “I do not have enough information to respond to Paragraph number
_____ of the Complaint.)
You must date and sign the Answer and provide your address and telephone number and
complete the Verification portion. But, do not sign the documents in either spot until
you are in the presence of a notary public or clerk of court. Make sure to bring
photo identification to show the notary public or clerk of court. A notary public can
usually be found at the bank and sometimes at the courthouse.
Make 2 photocopies of the Answer; one for your file and another to be served on the
Plaintiff. The original must be filed with the Clerk of Court.
WARNING: By signing your name, you are telling the court that you are telling the truth
and that you have a good faith reason for your requests. If you are not telling the truth, if
you are misleading the court, or if you are serving or filing this document for an improper
purpose, the court could find you in contempt or you could be prosecuted for not telling the
truth.
Affidavit of Mailing
You must prove to the Court that you mailed the Answer to the Plaintiff. This is done by
completing the Affidavit of Mailing, which is a statement sworn under oath that the Defendant
actually mailed the Answer to the Plaintiff on the date indicated at the correct address with the
correct postage.
The Affidavit of Service by Mail may only be completed after the papers/documents
listed are placed in the United States Mail.
South Dakota Answer (with Minor Children) Form
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