Appendix a state of South Dakota : ss



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APPENDIX A

State of South Dakota )

:ss

County OF _________________ )

In Circuit Court
_____________Judicial Circuit


___________________________,
Plaintiff,
v.
___________________________,
Defendant.



Civ. __________

Expedited Civil Action Certification

Plaintiff, ________________________________________, together with Plaintiff’s attorney,



Name of Plaintiff

________________________________________, elect to bring this lawsuit as an Expedited



Name of attorney

Civil Action under South Dakota Rule of Civil Procedure 100.


Plaintiff certifies that the sole relief sought is a money judgment and that all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any kind, penalties, and attorneys’ fees, but excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and costs.
Plaintiff certifies the following:


  1. I am a plaintiff in this action.



  2. If I am represented by an attorney, I have conferred with my attorney about using the Expedited Civil Action procedures available to parties in the State of South Dakota.


  3. I understand that by electing to proceed under Expedited Civil Action procedures, the total amount of my recovery will not exceed $75,000, excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and court costs. Additionally, no single defendant can be liable for more than $75,000 to all plaintiffs combined, excluding prejudgment interest accrued prior to entry of judgment, post judgment interest, and court costs.



  4. I understand that if a jury were to award more than $75,000 as damages to me, or if a jury were to award more than $75,000 in total against a single defendant, the trial judge would reduce the amount of the judgment to $75,000, plus any applicable interest and court costs to which I may be entitled.

With this knowledge, I agree to proceed under the Expedited Civil Action procedures.
Dated this _____ day of _______________, 20_____.

__________________________________



Plaintiff

Oath and Signatures
I, __________________________________, certify under penalty of perjury and pursuant to the

Print Plaintiff’s Name

laws of the State of South Dakota that the preceding is true and correct.


____________________ _____, 20_____,

Month Day Year
__________________________________ ____________________________________

Handwritten signature of Plaintiff Full name of Plaintiff; first, middle, last

____________________________________



Plaintiff’s attorney’s name, if applicable

____________________________________



Signature of attorney, if applicable

____________________________________



Law firm, if applicable

____________________________________



Mailing address of attorney (or Plaintiff if unrepresented)

____________________________________



Telephone number of attorney (or Plaintiff if unrepresented)

____________________________________



Email address of attorney (or Plaintiff if unrepresented)

____________________________________



Additional email address, if available


UJS-381





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