§ 15-6-5(j) Service by electronic mail (email) to parties represented by attorney.

SD Codified L § 15-6-5(j) (2019) (N/A)

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15-6-5(j). Service by electronic mail (email) to parties represented by attorney. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, such service may be made by email transmission pursuant to the following conditions:

(1) The attorney upon whom service is made has the necessary equipment to receive such transmission;

(2) Prior to the service, the attorney upon whom service is made has agreed in writing to accept service by email, or has served the serving party in the same case by email;

(3) The time and manner of transmission comply with the requirements of § 15-6-6(a), unless otherwise established by the court; and

(4) The sending attorney by facsimile or mail sends a certificate of service specifying the items electronically served.

The signature or electronic signature on the email shall constitute a signature under § 15-6-11(a). If within two days after the certificate of service is received, the attorney upon whom service is made attests in writing that he or she did not receive the electronic mail submission, then service shall not have been deemed to have been made.

Source: SL 2009, ch 284 (Supreme Court Rule 09-05), eff. July 1, 2009.

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