July 30, 1982

Mr. Roger Tellinghuisen 
Deputy State's Attorney 
Lawrence County Courthouse 
Deadwood, South Dakota 57732

Official Opinion No. 82-39

Sheriff's fees

Dear Mr. Tellinghuisen:

You have requested an official opinion regarding an interpretation of SDCL 7-12-18(4).

SDCL 7-12-18(4) as amended by the 1982 South Dakota Legislature showing  overstrikes (deletions) and underlining (additions) reads as follows: 

For serving summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, or injunction.  order to show cause, citation, or other process, and return thereof, ten dollars and fifty cents for all such process or instruments served at the time upon the same person regardless of the capacities in which such person is served, but for all such process or instruments served upon another such person at approximately the same time at the same place, four dollars;

Regarding this amendment you have asked the following question:

QUESTION: 

If there is a Summons, Complaint, Affidavit and Order to Show Cause would the proper fee be $10.50 for each paper served or $10.50 for the total group of papers comprising one action and served at the same time?

It is my opinion that the Legislature's recent amendment to this provision clearly provides that $10.50 is the total fee chargeable by a sheriff for the total group of papers served the same person at the same time.  This amendment changes the old law (see Attorney General's Report 1963-64, p. 273 and Official Opinion 81-31) that allowed sheriffs to charge a separate $10.50 for each paper served.

Respectfully submitted,

Mark V. Meierhenry
Attorney General