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Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ... Step 2: Answer Complaint. ... Step 3: Discovery. ... Step 4: Failing to Respond to Discovery. ... Step 5: Conclusion of Lawsuit.

The plaintiff initiating the action or the plaintiff's attorney shall complete the information on the small claims form available in the clerk of courts office, and provide a written and signed statement of the cause of action to the clerk who shall docket the action.

The maximum limit set by current law for South Dakota Small Claims actions is $12,000 plus court costs. Claims for more than $12,000.00 must be filed as formal civil actions, unless a party is willing to waive recovery of any amounts over $12,000.

What are the basic steps in filing a lawsuit? File the Summons and Complaint. The person starting the case is called the Petitioner or Plaintiff. ... File the Answer. The person being sued is either called the Defendant or the Respondent. ... Prepare the case. ... The judge holds a hearing. ... The judge makes a decision.

To be eligible as a court-appointed family court mediator in South Dakota under this statute, a mediator must have a minimum of 40 hours of mediation training (or five years' experience in mediating custody and visitation issues with a minimum of 20 mediations during that period).

On average, parties to mediation can expect fees anywhere from $300.00 to $1,000.00, divided 50/50 between the parties. Because the parties divide the fees equally between them, mediation is generally less expensive than going to court.