reglab/housing_qa huggingface dataset:
SD Codified L § 21-25A-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-16 - Right to representation by counsel--Waiver ineffective.

21-25A-16. Right to representation by counsel--Waiver ineffective.A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. Source: SL 1971, ch 157, §6.
SD Codified L § 21-25A-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-17 - Adjournment or postponement of hearing--Failure of party to appear--Court order to proceed promptly.

21-25A-17. Adjournment or postponement of hearing--Failure of party to appear--Court order to proceed promptly.Unless otherwise provided by the agreement, the arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy. Source: SL 1971, ch 157, §5 (1).
SD Codified L § 21-25A-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-18 - Witness fees.

21-25A-18. Witness fees.Fees for attendance as a witness shall be the same as for a witness in the circuit courts of this state. Source: SL 1971, ch 157, §7.
SD Codified L § 21-25A-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-19 - Time for making award--Extension of time.

21-25A-19. Time for making award--Extension of time.An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. Source: SL 1971, ch 157, §8.
SD Codified L § 21-25A-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-20 - Award in writing--Delivery to parties.

21-25A-20. Award in writing--Delivery to parties.The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, or as provided in the agreement. Source: SL 1971, ch 157, §8; SL 1987, ch 29, §27.
SD Codified L § 21-25A-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-21 - Modification or correction of award--Application--Notice.

21-25A-21. Modification or correction of award--Application--Notice.On application of a party or, if an application to the court is pending under §§21-25A-23 to 21-25A-30, inclusive, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in subdivisions 21-25A-28(1) and (3), for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of §§21-25A-23 to 21-25A-30, inclusive. Source: SL 1971, ch 157, §9.
SD Codified L § 21-25A-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-22 - Payment of expenses of proceedings.

21-25A-22. Payment of expenses of proceedings.Except as provided in §§21-25B-22 and 21-25B-25, unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the award. Source: SL 1971, ch 157, §10; SL 1976, ch 155, §5.
SD Codified L § 21-25A-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-23 - Judicial confirmation of award.

21-25A-23. Judicial confirmation of award.Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§21-25A-24 to 21-25A-30, inclusive. Source: SL 1971, ch 157, §11.
SD Codified L § 21-25A-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-24 - Grounds for vacation of award.

21-25A-24. Grounds for vacation of award.Upon application of a party, the court shall vacate an award where:(1)The award was procured by corruption, fraud, or other undue means;(2)There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;(3)The arbitrators exceeded their powers;(4)The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of §§21-25A-11 to 21-25A-17, inclusive, as to prejudice substantially the rights of a party;(5)There was no arbitration agreement and the issue was not adversely determined in proceedings under §§21-25A-5 to 21-25A-8, inclusive, and the party did not participate in the arbitration hearing without raising the objection; or(6)Conduct of a hearing officer which would prejudice substantially the rights of a party; provided that, the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. Source: SL 1971, ch 157, §12; SL 1976, ch 155, §6.
SD Codified L § 21-25A-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-25 - Time for application to vacate award.

21-25A-25. Time for application to vacate award.An application under §21-25A-24 shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, or other undue means, it shall be made within ninety days after such grounds are known or should have been known, but in no case more than one year after delivery of a copy of the award to the applicant. Source: SL 1971, ch 157, §13; SL 1976, ch 155, §7.
SD Codified L § 21-25A-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-26 - Confirmation of award on denial of application to vacate.

21-25A-26. Confirmation of award on denial of application to vacate.If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award. Source: SL 1971, ch 157, §13.
SD Codified L § 21-25A-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-27 - Rehearing ordered after vacation of award--Time allowed for award on rehearing.

21-25A-27. Rehearing ordered after vacation of award--Time allowed for award on rehearing.In vacating the award on grounds other than stated in subdivision 21-25A-24(5), the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with §21-25A-9, or, if the award is vacated on grounds set forth in subdivisions 21-25A-24(3) and (4) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with §21-25A-9. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order. Source: SL 1971, ch 157, §13.
SD Codified L § 21-25A-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-28 - Grounds for modification or correction of award.

21-25A-28. Grounds for modification or correction of award.Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:(1)There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;(2)The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or(3)The award is imperfect in a matter of form, not affecting the merits of the controversy. Source: SL 1971, ch 157, §14.
SD Codified L § 21-25A-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-29 - Alternative application to modify, correct, or vacate.

21-25A-29. Alternative application to modify, correct, or vacate.An application to modify or correct an award may be joined in the alternative with an application to vacate the award. Source: SL 1971, ch 157, §14.
SD Codified L § 21-25A-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-30 - Confirmation of award after determining application to correct or modify.

21-25A-30. Confirmation of award after determining application to correct or modify.If the application to modify or correct an award is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made. Source: SL 1971, ch 157, §14.
SD Codified L § 21-25A-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-31 - Judgment or decree on confirmed award--Costs.

21-25A-31. Judgment or decree on confirmed award--Costs.Upon the granting of an order confirming, modifying, or correcting an award, judgment, or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and the proceedings subsequent thereto, and disbursements may be awarded by the court. Source: SL 1971, ch 157, §15.
SD Codified L § 21-25A-32 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-32 - Filing and docketing of judgment or decree.

21-25A-32. Filing and docketing of judgment or decree.On entry of judgment or decree, the clerk shall file the following:(1)The agreement and each written extension of the time within which to make the award;(2)The award;(3)The order confirming, modifying, or correcting the award; and(4)The judgment or decree.The judgment or decree may be docketed as if rendered in an action. Source: SL 1971, ch 157, §16; SL 1990, ch 149, §12.
SD Codified L § 21-25A-33 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-33 - Applications by motion--Service of notices.

21-25A-33. Applications by motion--Service of notices.Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in a civil action. Source: SL 1971, ch 157, §17.
SD Codified L § 21-25A-34 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-34 - Venue of applications.

21-25A-34. Venue of applications.An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application. Source: SL 1971, ch 157, §19.
SD Codified L § 21-25A-35 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-35 - Appeals from orders, judgments, and decrees.

21-25A-35. Appeals from orders, judgments, and decrees.An appeal may be taken from:(1)An order denying an application to compel arbitration made under §21-25A-5;(2)An order granting an application to stay arbitration made under §21-25A-8;(3)An order confirming or denying confirmation of an award;(4)An order modifying or correcting an award;(5)An order vacating an award without directing a rehearing; or(6)A judgment or decree entered pursuant to the provisions of this chapter.The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action. Source: SL 1971, ch 157, §20.
SD Codified L § 21-25A-36 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-36 - Uniformity of construction of chapter.

21-25A-36. Uniformity of construction of chapter.This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: SL 1971, ch 157, §22.
SD Codified L § 21-25A-37 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-37 - Severability of provisions.

21-25A-37. Severability of provisions.If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given without the invalid provision or application, and to this end the provisions of this chapter are severable. Source: SL 1971, ch 157, §23.
SD Codified L § 21-25A-38 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-38 - Citation of chapter.

21-25A-38. Citation of chapter.This chapter may be cited as the Uniform Arbitration Act. Source: SL 1971, ch 157, §25.
SD Codified L § 21-25B-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-1 - Services covered by arbitration agreements between hospitals or physicians and patients--Termination as to future services--Effect.

21-25B-1. Services covered by arbitration agreements between hospitals or physicians and patients--Termination as to future services--Effect.Voluntary agreements pursuant to §21-25A-1 between hospitals or physicians and patients relating to services provided to the patient may, by their terms, provide for past and future services by and between the parties to the agreement; provided, however, that any party to such an agreement may terminate it as to future services by giving written notice to all other parties thereto, and such termination shall in no way affect or alter the arbitration of controversies arising as to services rendered prior to the giving of such notice. Source: SDCL, §21-25A-1 as added by SL 1976, ch 155, §1.
SD Codified L § 21-25B-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-2 - Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.

21-25B-2. Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.Natural parents having custody of a minor child and personal representatives of an estate, or a guardian or conservator for a ward may, notwithstanding other statutes to the contrary, enter into a binding arbitration agreement on behalf of the person, estate, beneficiary, ward or heirs at law that they represent for the purposes of this chapter only; and, such natural parents having custody of a minor child and personal representatives of an estate and guardian or conservator are not liable to the person, estate, beneficiary or heirs at law for entering into such binding arbitration agreement. Source: SL 1976, ch 155, §26; SL 1993, ch 213, §101; SL 1995, ch 167, §188.
SD Codified L § 21-25B-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-3 - Warning clause required in arbitration agreement.

21-25B-3. Warning clause required in arbitration agreement.The arbitration agreement between hospitals or physicians and patients shall contain the following provision in twelve-point boldface type immediately above the space for signature of the parties: The agreement to arbitrate is not a prerequisite to health care or treatment. By signing this contract you are agreeing to have any issue of medical malpractice decided by neutral arbitration and you are giving up your right to a jury or court trial. Source: SDCL, §21-25A-1 as added by SL 1976, ch 155, §1.
SD Codified L § 21-25B-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-4 - Health care services arbitration panel created--Composition--Terms--Selection--Replacements.

21-25B-4. Health care services arbitration panel created--Composition--Terms--Selection--Replacements.There is hereby created a health care services arbitration panel. The president of the State Bar of South Dakota shall select fifteen lawyers to serve on the panel. Each lawyer selected shall serve a three-year term. The president of the State Medical Association shall select fifteen physicians licensed by the State Board of Medical and Osteopathic Examiners in the same manner, and the president of the State Hospital Association shall also select fifteen members in the same manner. When a panel member's term expires he shall continue to serve until a replacement is named. Source: SL 1976, ch 155, §§8, 9; SL 1984, ch 160, §1.
SD Codified L § 21-25B-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-5 - Health care services arbitration account created--Payment required of claimant prior to commencement of arbitration action--Credit to account.

21-25B-5. Health care services arbitration account created--Payment required of claimant prior to commencement of arbitration action--Credit to account.There is hereby created a health care services arbitration account of the general fund in the state treasurer's office. Prior to the commencement of any arbitration action before the health care services arbitration panel, the claimant shall remit the sum of one hundred dollars to the state treasurer who shall credit such funds to the health care services arbitration account. Source: SL 1976, ch 155, §§8, 18.
SD Codified L § 21-25B-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-6 - Institution of claim--Written statement and receipt--Contents of statement.

21-25B-6. Institution of claim--Written statement and receipt--Contents of statement.A claimant shall institute his claim by filing a written statement of his case with the presiding judge of the circuit court in which the controversy occurred along with a receipt showing that the one hundred dollars has been paid to the health care services arbitration account. These statements may be informal in nature but shall set forth the pertinent facts and claims upon which responsibility or lack of responsibility is alleged, and shall specify all injuries for which the defendant is alleged to be responsible. The statement shall also set forth the amount of damages claimed by the claimant, including loss of wages and payments for medical expenditures. Source: SL 1976, ch 155, §19.
SD Codified L § 21-25B-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-7 - Joinder of subrogee--Segregation of damages or costs.

21-25B-7. Joinder of subrogee--Segregation of damages or costs.Any subrogee of a patient or anyone claiming by or through the patient who has entered into an arbitration agreement under this chapter may join their claim with that of such patient with the same force and effect as though brought by such patient and in any award or judgment based thereon or by separate award and judgment the damages or costs may be segregated between such party and the patient as the arbitration panel shall determine. Source: SL 1976, ch 155, §27.
SD Codified L § 21-25B-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-8 - Time for commencement of claims--Time for commencement of action in circuit court.

21-25B-8. Time for commencement of claims--Time for commencement of action in circuit court.Claims filed with the health care services arbitration panel may be commenced only within the time prescribed for actions for medical malpractice, error, mistake, or failure to cure, but if the circuit court determines that the matter is not one to be heard by the panel, the claimant shall have thirty days from the date of the decision of the court, or the time remaining under the limitation of action provisions for medical, error, mistake, or failure to cure, whichever is longer, to commence an action in circuit court. Source: SL 1976, ch 155, §25.
SD Codified L § 21-25B-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25B - Arbitration Agreements Relating To Medical Services|Section 21-25B-9 - Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.

21-25B-9. Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.Any person who files a claim pursuant to the provisions of §21-25B-6 cannot thereafter petition the court to set aside the arbitration agreement. The defendant in any claim may file an application under §21-25A-8 anytime within twenty days after being served with the claim and if he fails to do so he cannot thereafter petition the court to set aside the arbitration agreement. Source: SDCL, §21-25A-8 as added by SL 1976, ch 155, §3.