# S.D. Codified Laws § 21-32-3: Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-3

## Section

- **Citation:** S.D. Codified Laws § 21-32-3
- **Heading:** Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 21 / Chapter 32 / Section 21-32-3

## Text

Upon the filing with the clerk of courts of the county in which such claim arose of a petition in form of a complaint duly verified, setting forth, among other things that the petitioner has a just and meritorious claim against the State of South Dakota for the payment of which no appropriation exists, the clerk of courts, upon payment of his fees, shall certify under his seal to the presiding circuit judge of the circuit in which such county lies the said petition whereupon the said presiding circuit judge shall appoint a circuit judge who shall act as such commissioner of claims as provided in this chapter. If the claim arose, or was otherwise reduced to judgment, in a jurisdiction outside of South Dakota, the petition shall be filed with the clerk of courts of the county where the petitioner resides or, if the petitioner does not reside in South Dakota, with the clerk of courts of Hughes County.

Source: SL 1947, ch 156, § 2; SDC Supp 1960, § 33.4302; SL 1978, ch 157, § 2; SL 1992, ch 167.

## Nearby sections

- [S.D. Codified Laws § 21-32-1 Office of Commissioner of Claims created--Appointment of circuit judge to act](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-1.md)
- [S.D. Codified Laws § 21-32-2 Limitation of actions on claims against the state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-2.md)
- [S.D. Codified Laws § 21-32-3 Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-3.md)
- [S.D. Codified Laws § 21-32-4 Service of petition on attorney general--Answer and defense by attorney general](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-4.md)
- [S.D. Codified Laws § 21-32-5 Time and place fixed for hearing claim--Notice to attorney general](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-5.md)
- [S.D. Codified Laws § 21-32-6 Evidence received at hearing on claim--Adjournment of hearing](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-6.md)
- [S.D. Codified Laws § 21-32-7 Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-7.md)
- [S.D. Codified Laws § 21-32-8 State as defendant in actions involving property](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-8.md)
- [S.D. Codified Laws § 21-32-9 Service on attorney general in property action involving state--Appearance and representation of state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-9.md)
- [S.D. Codified Laws § 21-32-10 Original action in Supreme Court on claim disallowed by state auditor--Filing of complaint](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-10.md)
- [S.D. Codified Laws § 21-32-11 Undertaking for costs filed by plaintiff in Supreme Court action](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-11.md)
- [S.D. Codified Laws § 21-32-12 Service of complaint and notice to plead on attorney general--Pleading by attorney general](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-12.md)
- [S.D. Codified Laws § 21-32-13 Trial of action in Supreme Court](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-13.md)
- [S.D. Codified Laws § 21-32-14 Execution not issued against state--Judgment certified to state auditor--Payment of damages](https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T21_C32_S21-32-3. Check the current official text before relying on it. Not legal advice.