reglab/housing_qa huggingface dataset:
SD Codified L § 21-64-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity|Section 21-64-8 - Permitted use in connection with broadcast or reporting of event or topic of public interest.

21-64-8. Permitted use in connection with broadcast or reporting of event or topic of public interest.The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism in connection with a broadcast or reporting of an event or a topic of general or public interest including unauthorized biographies. Source: SL 2015, ch 126, §8.
SD Codified L § 21-64-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity|Section 21-64-9 - Permitted use where commercial value results from formal charges or conviction of crime.

21-64-9. Permitted use where commercial value results from formal charges or conviction of crime.The provisions of this chapter do not apply to a personality whose name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism has commercial value solely because the personality has been formally charged with or convicted of a crime. Source: SL 2015, ch 126, §9.
SD Codified L § 21-64-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity|Section 21-64-10 - Registration prerequisite to recovery by successor in interest.

21-64-10. Registration prerequisite to recovery by successor in interest.A successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may not recover damages or equitable relief for a use prohibited pursuant to this chapter that occurs before the successor in interest registers a claim of right of publicity pursuant to §21-64-11. Source: SL 2015, ch 126, §10.
SD Codified L § 21-64-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity|Section 21-64-11 - Registration of claim of right of publicity by successor in interest--Posting on secretary of state's website.

21-64-11. Registration of claim of right of publicity by successor in interest--Posting on secretary of state's website.Any person claiming to be a successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a one hundred dollar filing fee to the secretary of state. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed.Upon receipt and after filing of any document pursuant to this section, the secretary of state shall post the document along with the entire registry of persons claiming to be a successor in interest to the right of publicity of a deceased personality or a registered licensee pursuant to this section on the secretary of state's website.The secretary of state may microfilm or reproduce by other technique, any filing or document filed pursuant to this section and may then destroy the original filing or document. The secretary of state may destroy the microfilm or other reproduction of the filing or document seventy years after the death of the personality named therein.A claim registered pursuant to this section is a public record. Source: SL 2015, ch 126, §11.
SD Codified L § 21-64-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity|Section 21-64-12 - Exclusive remedy.

21-64-12. Exclusive remedy.The provisions of this chapter constitute the sole and exclusive bases regarding a misappropriation of name, image, or likeness of a personality and the personality's right of publicity, and any remedy for a violation of such rights. Source: SL 2015, ch 126, §12.
SD Codified L § 21-65-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-2 - Petition for relief from vulnerable adult abuse--Affidavit--Contents.

21-65-2. Petition for relief from vulnerable adult abuse--Affidavit--Contents.A vulnerable adult or a substitute petitioner may seek relief from vulnerable adult abuse by filing a petition and affidavit in the circuit court or in a magistrate court with a magistrate judge presiding. Venue is where either party resides. The petition and affidavit shall include all of the following:(1)The name of the vulnerable adult and the name and address of the vulnerable adult's attorney, if any. If the vulnerable adult is proceeding pro se, the petition shall include a mailing address for the vulnerable adult;(2)The name of the substitute petitioner if the petition is being filed on behalf of a vulnerable adult, and the name and address of the attorney of the substitute petitioner. If the substitute petitioner is proceeding pro se, the petition shall include a mailing address for the substitute petitioner;(3)The name and address, if known, of the respondent;(4)The relationship of the vulnerable adult to the respondent;(5)The nature of the alleged vulnerable adult abuse, including specific facts and circumstances of the abuse;(6)The name and age of any other individual whose welfare may be affected; and(7)The desired relief, including a request for temporary or emergency orders. A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. However, if there is any other lawsuit, complaint, petition, or other action pending between the parties, any new petition made pursuant to this section shall be made to the judge previously assigned to the pending lawsuit, petition, or other action, unless good cause is shown for the assignment of a different judge.If a petition for a protection order alleging the existence of vulnerable adult abuse is filed with the court pursuant to this section and if the court, upon an initial review, determines that the allegations do not support the existence of vulnerable adult abuse, but that the allegations do support the existence of stalking or physical injury pursuant to §22-19A-8 or domestic abuse pursuant to §25-10-3, the court may hear and act upon the petition as though the petition had been filed under §22-19A-8 or §25-10-3 and subject to the provisions of the respective chapters. Source: SL 2016, ch 120, §4.
SD Codified L § 21-65-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-3 - Ex parte temporary protection order.

21-65-3. Ex parte temporary protection order.If an affidavit filed with a petition under §21-65-2 alleges that the vulnerable adult is in present danger of vulnerable adult abuse before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and grant relief as the court deems proper, including an order:(1)Restraining any person from committing vulnerable adult abuse; and(2)Excluding any person from the dwelling or the residence of the vulnerable adult. Source: SL 2016, ch 120, §5.
SD Codified L § 21-65-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-4 - Rights of vulnerable adult in action brought by substitute petitioner.

21-65-4. Rights of vulnerable adult in action brought by substitute petitioner.If a substitute petitioner files a petition pursuant to §21-65-2 on behalf of a vulnerable adult, the vulnerable adult retains the right to all of the following:(1)To contact and retain counsel;(2)To have access to personal records;(3)To file objections to the protection order;(4)To request a hearing on the petition; and(5)To present evidence and cross-examine witnesses at the hearing. Source: SL 2016, ch 120, §6.
SD Codified L § 21-65-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-5 - Forms for pro se actions.

21-65-5. Forms for pro se actions.By July 1, 2016, the Unified Judicial System shall prescribe standard forms to be used by a vulnerable adult or substitute petitioner seeking a protection order by proceeding pro se in an action pursuant to this chapter.The clerk of the circuit court shall furnish the required forms to any person seeking a protection order through pro se proceedings pursuant to this chapter. Source: SL 2016, ch 120, §7.
SD Codified L § 21-65-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-6 - Guardian ad litem.

21-65-6. Guardian ad litem.Pursuant to §15-6-17(c), the court may on its own motion or on the motion of a party appoint a guardian ad litem for a vulnerable adult if justice requires. The vulnerable adult's attorney may not also serve as the guardian ad litem. Source: SL 2016, ch 120, §8.
SD Codified L § 21-65-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-7 - Hearing on petition--Service of process.

21-65-7. Hearing on petition--Service of process.Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless the court grants a continuance for good cause. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.The court shall exercise its discretion in a manner that protects the vulnerable adult from traumatic confrontation with the respondent.Hearings shall be recorded.Upon application, notice to all parties, and hearing, the court may modify the terms of an existing protection order. Source: SL 2016, ch 120, §9.
SD Codified L § 21-65-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-8 - Continuance of ex parte temporary protection order.

21-65-8. Continuance of ex parte temporary protection order.An ex parte temporary protection order is effective for a period of thirty days except as provided in §21-65-9 unless the court grants a continuance for good cause. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:(1)The parties stipulate to an additional continuance; or(2)The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. The ex parte order shall be served without delay under the circumstances of the case including service of the ex parte order on a Sunday or holiday. The law enforcement agency serving the order shall notify the petitioner by telephone or written correspondence when the order is served if the petitioner has provided to the law enforcement agency either a telephone number or address, or both, where the petitioner may be contacted. The law enforcement agency and any officer of the law enforcement agency is immune from civil and criminal liability if the agency or the officer makes a good faith attempt to notify the petitioner in a manner consistent with the provisions of this section. Source: SL 2016, ch 120, §10.
SD Codified L § 21-65-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-9 - Temporary protection order effective until protection order served.

21-65-9. Temporary protection order effective until protection order served.If an ex parte temporary protection order is in effect and the court issues a protection order pursuant to this chapter, the ex parte temporary protection order remains effective until the order issued pursuant to this chapter is served on the respondent. Source: SL 2016, ch 120, §11.
SD Codified L § 21-65-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-10 - Persons who may make showing for protection order.

21-65-10. Persons who may make showing for protection order.The showing required pursuant to §21-65-11 may be made by any of the following:(1)The vulnerable adult;(2)The guardian, conservator, attorney-in-fact, or guardian ad litem of the vulnerable adult;(3)A witness to the vulnerable adult abuse; or(4)An adult protective services worker who has conducted an investigation. Source: SL 2016, ch 120, §12; SL 2020, ch 214, § 47.
SD Codified L § 21-65-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-11 - Relief available for vulnerable adult abuse.

21-65-11. Relief available for vulnerable adult abuse.Upon a finding by a preponderance of the evidence that vulnerable adult abuse has occurred, the court may order any of the following:(1)That the respondent be required to move from the residence of the vulnerable adult if both the vulnerable adult and the respondent are titleholders or contract holders of record of the real property, are named as tenants in the rental agreement concerning the use and occupancy of the dwelling unit, are living in the same residence, or are married to each other;(2)That the respondent provide suitable alternative housing for the vulnerable adult;(3)That a peace officer accompany the party who is leaving or has left the party's residence to remove essential personal effects of the party;(4)That the respondent be restrained from vulnerable adult abuse;(5)That the respondent be restrained from entering or attempting to enter on any premises when it appears to the court that restraint is necessary to prevent the respondent from committing vulnerable adult abuse;(6)That the respondent be restrained from exercising any powers on behalf of the vulnerable adult through a court-appointed guardian, conservator, or guardian ad litem, an attorney-in-fact, or another third party; and(7)In addition to the relief provided in §21-65-12, other relief that the court considers necessary to provide for the safety and welfare of the vulnerable adult.Any relief granted by the order for protection shall be for a fixed period and may not exceed five years. Source: SL 2016, ch 120, §13; SL 2020, ch 214, § 48.
SD Codified L § 21-65-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-12 - Relief available for financial exploitation.

21-65-12. Relief available for financial exploitation.If the court finds that the vulnerable adult has been the victim of financial exploitation, the court may order the relief the court considers necessary to prevent or remedy the financial exploitation, including any of the following:(1)Directing the respondent to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the vulnerable adult;(2)Requiring the respondent to return custody or control of the funds, benefits, property, resources, belongings, or assets to the vulnerable adult;(3)Requiring the respondent to follow the instructions of the guardian, conservator, or attorney-in-fact of the vulnerable adult; and(4)Prohibiting the respondent from transferring the funds, benefits, property, resources, belongings, or assets of the vulnerable adult to any person other than the vulnerable adult. Source: SL 2016, ch 120, §14; SL 2020, ch 214, § 49.
SD Codified L § 21-65-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-13 - Limitations on protection order.

21-65-13. Limitations on protection order.The court may not use an order issued pursuant to this chapter to do any of the following:(1)To allow any person other than the vulnerable adult to assume responsibility for the funds, benefits, property, resources, belongings, or assets of the vulnerable adult; or(2)For relief that is more appropriately obtained in a proceeding filed pursuant to chapter 29A-5 including giving control and management of the funds, benefits, property, resources, belongings, or assets of the vulnerable adult to a conservator for any purpose other than the relief granted pursuant to §21-65-12. Source: SL 2016, ch 120, §15.
SD Codified L § 21-65-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-14 - Term of protection order--Amendment or extension.

21-65-14. Term of protection order--Amendment or extension.A protection order shall be for a fixed period of time not to exceed five years. The court may amend or extend an order at any time upon a petition filed by either party and after notice and a hearing. The court may extend an order if the court, after a hearing at which the respondent has the opportunity to be heard, finds that the respondent continues to pose a threat to the safety of the vulnerable adult, a person residing with the vulnerable adult, or a member of the vulnerable adult's immediate family, or continues to present a risk of financial exploitation of the vulnerable adult. The number of extensions that the court may grant is not limited. Source: SL 2016, ch 120, §16.
SD Codified L § 21-65-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-15 - Attorney's fees and court costs.

21-65-15. Attorney's fees and court costs.The court may order that the respondent pay the attorney's fees and court costs of the vulnerable adult and substitute petitioner. Source: SL 2016, ch 120, §17.
SD Codified L § 21-65-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-16 - Title to real property unaffected.

21-65-16. Title to real property unaffected.An order pursuant to this chapter does not affect title to real property. Source: SL 2016, ch 120, §18.
SD Codified L § 21-65-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-17 - Delivery of protection order to law enforcement.

21-65-17. Delivery of protection order to law enforcement.The petitioner may deliver an order within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the vulnerable adult. Each law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to this chapter. Source: SL 2016, ch 120, §19.
SD Codified L § 21-65-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-18 - Right to relief unaffected by leaving home to avoid abuse.

21-65-18. Right to relief unaffected by leaving home to avoid abuse.The petitioner's right to relief under this chapter is not affected by the vulnerable adult leaving home to avoid vulnerable adult abuse. Source: SL 2016, ch 120, §20.
SD Codified L § 21-65-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 65 - Protection Of Vulnerable Adults|Section 21-65-19 - Protection order--Violation--Penalty.

21-65-19. Protection order--Violation--Penalty. If a temporary protection order or a protection order is granted pursuant to this chapter and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.If the acts constituting a violation of this section also constitute an assault, as defined in §22-18-1, the violation of this section is a Class 6 felony.If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, §22-19A-16, or §25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.Any proceeding under this chapter is in addition to other civil or criminal remedies. Source: SL 2020, ch 76, § 1; SL 2021, ch 90, § 1.
SD Codified L § 21-66-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 66 - Asbestos Trust Claims|Section 21-66-1 - Definitions .

21-66-1.Definitions.Terms used in this chapter mean:(1)"Asbestos," chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, or any of these minerals that have been chemically treated or altered, including any mineral defined as asbestos in 29 C.F. R. §1910 at the time an asbestos action is filed;(2)"Asbestos action," a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance, and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term does not include a claim for workers' compensation or veterans' benefits;(3)"Asbestos trust," a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. §524(g) or 11 U.S.C. §1121(a) or any other law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos;(4)"Plaintiff," any person who brings an asbestos action, including a personal representative for any asbestos action that is brought by an estate, or a conservator or next friend for any asbestos action that is brought on behalf of a minor or a legally incapacitated person;(5)"Trust claims material," any final executed proof of claim, any other document or information submitted to an asbestos trust, including a claim form or supplementary material, affidavit, deposition or trial testimony, work history, medical or health record, document reflecting the status of a claim against an asbestos trust, or if the trust claim has settled, any document submitted to or received from an asbestos trust relating to the settlement of the trust claim; and(6)"Trust governance document," any document that relates to eligibility or payment levels, including a claims payment matrix, trust distribution procedure, or plan for reorganization, for an asbestos trust. Source: SL 2017, ch 94, §1.