Free Instructions for Notice of Entry of Decree - All

Instructions for Affidavit of Default Form
An Affidavit of Default is a sworn statement telling the court that you served the Summons and Complaint on the Defendant and that he/she has not responded within 30 days after the completed service. Once 60 days have passed after service of the Summons, an Affidavit of Default is filed along with a Motion for Default Judgment. · · · Complete the top portion of the Decree of Divorce (the "caption") as it appears on the Summons and Complaint. Complete paragraph 2 by inserting the date that Defendant was served with the Summons. Read the other paragraphs carefully as you are signing this document under oath and the statements made in all the paragraphs MUST BE TRUE. If the Defendant is in the military, you should consult with an attorney and YOU MUST INFORM THE JUDGE. Date and sign the Affidavit of Default in front of a Notary Public. File the original Affidavit of Default along with your Notice of Intent to Take Default Judgment with the Clerk of Courts. You should send a copy of both to the Plaintiff.

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Form UJS-320 Rev. 11/08

STATE OF SOUTH DAKOTA COUNTY OF _______________

) :SS )

IN CIRCUIT COURT ________ JUDICIAL CIRCUIT

_________________________, Plaintiff, vs. _________________________, Defendant

DIV _______

AFFIDAVIT OF DEFAULT

STATE OF SOUTH DAKOTA COUNTY OF ________________

) :SS )

Plaintiff, being first duly sworn on oath, states: 1. 2. That I am the Plaintiff in this action. That the Summons and Complaint were served on the Defendant on ________________, ________. That more than 60 days have passed since service of the Summons and Complaint. Defendant has made no answer, appearance or pleading and is in default. That neither party is now, nor has been at any relevant time, a member of the military service of the United States within the meaning of the Servicemember's Civil Relief Act of 2003. Dated this _______________________, _______. _________________________________________ Plaintiff's Signature
(Sign only in front of a Notary or Clerk of Courts) Name: (Printed) _______________________________

3.

4.

Sworn/affirmed before me this _______ day of _____________, _____. ________________________________
(Notary Public/Clerk of Courts)

Address: _________________________________ City/State/Zip: ____________________________ Telephone: (_____)________________________

If Notary, my commission expires:_____________ (SEAL)

Form UJS-320 Rev. 11/08