Instructions For Summons Form

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Instructions for Summons With
Minor Children Form
Complete the top portion of the Summons. (NOTE: The top portion of each form is called the “caption” and the
information will be the same on every form you fill out.)
o
Fill in the name of the county in which you are filing for divorce. This must be the county in which either you or
your spouse live.
o
Fill in the name of the Judicial Circuit that the county in which you are filing for divorce is located. (Ex. First,
Second, Third, etc.) If you do not know, contact the Clerk of Courts in your county.
Fill in your full legal name where it says “Plaintiff” and your spouse’s name where it says “Defendant.”
o
o
When you file your papers, the Clerk of Court will assign a case number which you will insert in the space
following “DIV.” For example, if your case number is 011234, your form should show DIV.: 01-1234. This case
number should appear on all your papers.
You must date and sign the Summons at the bottom. You must also include your address and telephone number. You must
also attach a copy of the South Dakota Parenting Time Guidelines to each copy of the Summons.
Make at least 2 photocopies of the signed Summons; one for you and one to be served on your spouse. The original will be
filed with the Clerk of Courts.
It is very important that you read and follow the Temporary Restraining Order that becomes automatic when you file for
divorce. Both parties are required to obey the Temporary Restraining Order. Violation of any of these terms could subject
you to penalties and delay you divorce. Read it carefully.
1
Form UJS-311 Rev. 08/2011

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