15-1-1. Definition of terms.The following words have in this title the significance attached to them in this section unless otherwise apparent from the context:(1)An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement, determination, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Every other remedy is a special proceeding;(2)The word 'writ' signifies an order or precept in writing, issued in the name of the state or of a court or judicial officer; and the word 'process' a writ or summons issued in the course of judicial proceedings. All process in civil actions shall run in the name of the State of South Dakota;(3)The word 'state,' when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words 'United States' may include the district and territories and other possessions of the United States. Source: SDC 1939 & Supp 1960, §33.0102; SL 1984, ch 12, §33.
South Dakota Legal Code