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Ramsey v. Mathisrud9/1/1999
y day extension authorized by SDCL 15-2-31.
[ ] The distinguishing factor here is that the process server, John Peppmeier, was not acting as a reserve police officer when he served process for Ramsey. Counsel's letter requesting service was not addressed to Peppmeier as a reserve police officer or to the Deadwood Police Department. Rather, counsel sent his letter to a private corporation named "Investigative & Security Professionals, Inc." Peppmeier's return of service was also on a form under the company letterhead. Peppmeier explained during his deposition the company is a family business he organized to provide investigative services and to serve legal papers for attorneys. Fees for these services, including the service of process, are paid to the corporation or to Peppmeier personally and are deposited in a corporate bank account. For these reasons and since service fees received by a police officer are to be paid over to the municipal treasurer and accounted for with the auditor or clerk (SDCL 9-14-29), it is apparent that Peppmeier was not functioning as a reserve police officer when he served process in this case, but only as a private process server for profit.
[ ] A private process server holds only the status of an elector of the state. See e.g. Mueller v. Zelmer, 525 NW2d 49, 50-51 (SD 1994) (employee of firm that served documents at the request of lawyers had no authority to serve process in a county where she was not an elector). While SDCL 15-6-4(c) gives "elector of the state" authority to serve process, SDCL 15-2-31 does not grant them the sixty day extension given to sheriffs or other officers of a county. Absent that extension, the service of process in this case followed the expiration of the applicable statute of limitations. Accordingly, the trial court did not err in dismissing the action for violation of the statute.
[ ] Affirmed.
[ ] MILLER, Chief Justice, and SABERS, KONENKAMP, and GILBERTSON, Justices, participating.
[ ] AMUNDSON, Justice, deeming himself disqualified, did not participate.
Page 1 2 South Dakota Personal Injury Attorneys
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