reglab/housing_qa huggingface dataset:
SD Codified L § 21-22-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-14 - Annual verified report of trustee--Optional calendar year basis.

21-22-14. Annual verified report of trustee--Optional calendar year basis.Within one hundred twenty days after the expiration of each year from the commencement of court supervision over a trust, the trustee shall file a verified report showing in detail its receipts, disbursements, and acts during the year.The trustee may at its election make its annual report during the first four months of any year covering its administration during the preceding year ending December thirty-first. Source: Supreme Court Rule, Part 3, Rule 3, adopted September, 1923; Supreme Court Rule 242, 1939; SDC 1939 & Supp 1960, §33.2606; SL 2006, ch 243, §12.
SD Codified L § 21-22-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-15 - Final report of trustee--Contents.

21-22-15. Final report of trustee--Contents.When the trust estate has been disposed of or the provisions of the instrument creating the trust have been complied with, the trustee must file his final report duly verified by him and which may by reference incorporate thereinto previous reports made and which, supplementing such previous reports, must contain a complete and itemized statement of all the receipts and disbursements of the trustee and all of his acts with relation to the trust. Source: Supreme Court Rule, Part 3, Rule 4, September, 1923; Supreme Court Rule 244, 1939; SDC 1939 & Supp 1960, §33.2608.
SD Codified L § 21-22-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-16 - Objections to report of fiduciary or beneficiary--Adjournment of hearing--Order.

21-22-16. Objections to report of fiduciary or beneficiary--Adjournment of hearing--Order.If any objection is made to any report or petition filed by a fiduciary or beneficiary, the objection shall be filed in writing and be made at or prior to the hearing on the report or petition. If the initial hearing does not resolve all objections, the court shall adjourn the hearing to a specified time and place to resolve all issues of fact and all issues of law. Following the initial hearing, the court may enter any order it deems appropriate, which order may:(1)Resolve any issues the court deems proper if all matters included in the petition, which are not objected to at the initial hearing, are approved;(2)Determine the scope of discovery; and(3)Set a schedule for further proceedings for the prompt resolution of the matter. Source: Supreme Court Rule, Part 3, Rule 7, September, 1923; Supreme Court Rule 245, 1939; SDC 1939 & Supp 1960, §33.2609; SL 2015, ch 240, §26.
SD Codified L § 21-22-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-17 - Contents of notice of hearings--Trustee's account attached.

21-22-17. Contents of notice of hearings--Trustee's account attached.Notice of all hearings on all reports of the trustee and on all petitions filed shall be given as provided in this chapter. The court shall fix the time and place of the hearing. Notice of the time and place of the hearing, along with the nature of the hearing, shall be given as provided in this chapter. When the hearing is on an account of the trustee a copy of the account shall be served with the notice. Source: Supreme Court Rule, Part 3, Rule 7, September, 1923; Supreme Court Rule 246, 1939; SDC 1939, §33.2610; Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957; SL 2006, ch 243, §7.
SD Codified L § 21-22-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-18 - Parties served with notice--Personal, mail, or electronic service.

21-22-18. Parties served with notice--Personal, mail, or electronic service.The notice provided by §21-22-17 shall be served upon fiduciaries, beneficiaries, and attorneys of record, except as otherwise provided in chapter 55-18. Notice shall be served personally, by mail, postage prepaid, addressed to each person at the last known post office address as shown by the records and files in the proceeding, or electronically in accordance with §15-6-5(d) and applicable local rules, at least fourteen days prior to the hearing unless the court for good cause shown directs a shorter period. Source: SDC 1939, §33.2610; Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957; SL 1982, ch 174, §2; SL 1998, ch 282, §38; SL 2014, ch 226, §13; SL 2017, ch 208, §27.
SD Codified L § 21-22-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-19 - Publication of notice in lieu of personal service.

21-22-19. Publication of notice in lieu of personal service.When the number of persons to be served is large and the expense of service provided by §21-22-18 would be burdensome, the court may, if it deems advisable, order, in lieu of service as provided in §21-22-18, that such notice be published once each week for three successive weeks in a legal newspaper of the county prior to such hearing. Source: Supreme Court Rule 246, 1939; SDC 1939, §33.2610; Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957.
SD Codified L § 21-22-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-20 - Proof of service by affidavit.

21-22-20. Proof of service by affidavit.Proof of the service of notices or other papers in the manner provided by this chapter shall be made by affidavit of the person making the same, such affidavit to be filed in the office of the clerk of courts. Source: Supreme Court Rule, Part 3, Rule 12, September, 1923; Supreme Court Rule 251, 1939; SDC 1939 & Supp 1960, §33.2615.
SD Codified L § 21-22-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-21 - Notice dispensed with by consent of parties.

21-22-21. Notice dispensed with by consent of parties.If all beneficiaries of the trust join in a petition or report, or signify in writing their approval thereof, the notice required by §21-22-17 may be dispensed with and the hearing may be had at any time. Source: Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957; SDC Supp 1960, §33.2610.
SD Codified L § 21-22-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-22 - Testimony and examination of reports--Questions considered.

21-22-22. Testimony and examination of reports--Questions considered.At all hearings the court shall take testimony in the same manner as at hearings on other proceedings and shall examine all reports and accounts filed, regardless of whether or not objections are made thereto, and shall also consider and pass upon all acts of a fiduciary, regardless of whether any question is raised with reference thereto. Source: Supreme Court Rule, Part 3, Rule 8, September, 1923; Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, §33.2611; SL 2014, ch 226, §14.
SD Codified L § 21-22-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-23 - Examination of trustee's reports by court.

21-22-23. Examination of trustee's reports by court.No order approving a report or account of the trustee in whole or in part shall be made by the court until it shall have made a detailed examination of the items and satisfied itself sufficiently to render its own judgment thereon, that the report is in all things true and complete, and the acts done have been in compliance with the trust and for the advantage and best interests thereof. Source: Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, §33.2611; SL 1981, ch 168, §1.
SD Codified L § 21-22-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-24 - Referee or accountant appointed to assist in examination of reports--Report confidential.

21-22-24. Referee or accountant appointed to assist in examination of reports--Report confidential.If the report or account or other proceeding is of such length as to require assistance for the court, the court may in its discretion appoint a disinterested referee or employ an accountant or investigator at the expense of the trust to examine the same and report to the court thereon independently. Such report may be held by the court as confidential and for its own information, if the court so elects. Source: Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, §33.2611.
SD Codified L § 21-22-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-25 - Attendance of witnesses and production of evidence at investigations and hearings.

21-22-25. Attendance of witnesses and production of evidence at investigations and hearings.Upon any such examinations or hearings on reports the court, or the referee or the accountant or agent whom it may appoint, may require the attendance of witnesses and the production of documents and other evidence and make such inquiry and investigations as are necessary to pass upon the report or other act correctly. Source: Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, §33.2611.
SD Codified L § 21-22-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-26 - Fiduciary's liability for failure to comply--Forfeiture of compensation--Fiduciary's acts not invalidated.

21-22-26. Fiduciary's liability for failure to comply--Forfeiture of compensation--Fiduciary's acts not invalidated.Any fiduciary who fails or neglects to comply with the provisions of this chapter is subject to removal by the court and is liable to any beneficiary for all damages sustained by the beneficiary resulting from such noncompliance and shall also forfeit all right to compensation as the fiduciary during the period of such noncompliance unless it is shown, to the satisfaction of the court fixing such compensation, that such failure to comply was inadvertent and not intentional and was with reasonable excuse and that the fiduciary has performed his or her duties diligently, faithfully, and efficiently. Failure or neglect as to such compliance does not invalidate any act of the fiduciary. Source: Supreme Court Rule 250, 1939; SDC 1939 & Supp 1960, §33.2614; SL 2014, ch 226, §15.
SD Codified L § 21-22-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-27 - Prior settlement and distribution decrees validated--Assertion of vested rights.

21-22-27. Prior settlement and distribution decrees validated--Assertion of vested rights.All decrees of any court of this state made prior to January 1, 2010, settling accounts of trustees or distributing in whole or in part trust estates are hereby legalized, cured, and validated, notwithstanding any defects, omissions, or irregularities in the form of the petition, account, or the notice of the application therefor or in the manner, form, or method of giving or serving such notice.If a person has a vested right in any real or personal property by reason of a defect, omission, or irregularity referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 2011, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in a court of this state, unless prior to July 1, 2011, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10. Source: SL 1983, ch 222, §1; SL 1992, ch 307, §6; SL 2010, ch 232, §26.
SD Codified L § 21-22-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-28 - Protection of privacy--Sealing and availability of documents.

21-22-28. Protection of privacy--Sealing and availability of documents. The privacy of those who have established a court trust or other trust shall be protected in any court proceeding concerning the trust. Upon the filing of any petition, the instrument on which the trust is based, briefs, and the entire court file including a trust's inventory, statement filed by any fiduciary, annual verified report of a fiduciary, final report of a fiduciary, and all petitions relevant to trust administration and all court orders thereon shall be sealed upon filing and may not be made a part of the public record of the proceeding, but are available to the court, to the trustor, to any fiduciary, to any enforcer, to any beneficiary or the beneficiary's representative as provided in chapter 55-18, to their attorneys, and to such other interested persons as the court may order upon a showing of the need. Source: SL 1998, ch 282, §30; SL 2002, ch 100, §1; SL 2014, ch 226, §16; SL 2016, ch 231, §28; SL 2017, ch 204, §24; SL 2021, ch 207, § 5.
SD Codified L § 21-22-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-30 - Court approval of trustee's accounting is conclusive--Accounting defined.

21-22-30. Court approval of trustee's accounting is conclusive--Accounting defined.An accounting by a trustee of a court supervised trust and the final approval thereof by a court, whether or not such accounting is contested, is conclusive against all persons in any way interested in the trust, and the trustee, absent fraud, intentional misrepresentation, or material omission, shall be released and discharged from any and all liability as to all matters set forth in the accounting. For purposes of this section, the term, accounting, means any annual, interim, or final report or other statement provided by a trustee reflecting all transactions, receipts, and disbursements during the reporting period and a list of assets as of the end of the period covered by the report or statement. Source: SL 2000, ch 229, §3; SL 2017, ch 204, §25.
SD Codified L § 21-22-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-31 - Rules of civil procedure applicable.

21-22-31. Rules of civil procedure applicable.A proceeding brought pursuant to this chapter is considered an action for purposes of title 15. Unless specifically provided to the contrary in this chapter or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, apply to all trusts governed by this chapter. If a conflict between chapter 15-6 and title 55, the provisions of title 55 shall be controlling. Source: SL 2015, ch 240, §27; SL 2017, ch 204, §26.
SD Codified L § 21-22-32 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-32 - Title 55 governs actions of trustee as party to transaction.

21-22-32. Title 55 governs actions of trustee as party to transaction.Notwithstanding the application of the principles of conflict of laws to the terms of a transaction involving a trust, whether a purchase of property by, or a sale of property to, a trust administered by a qualified person in South Dakota, as defined in §55-3-41, the laws of this state as set forth in title 55 shall govern the actions of the trustee as a party thereto. South Dakota shall be considered the situs of the transaction. Source: SL 2017, ch 204, §27.
SD Codified L § 21-23-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-1 - Scope of chapter.

21-23-1. Scope of chapter.This chapter is intended to cover, and provide uniform procedure in all proceedings to sell property in court trusts, receiverships, and any other cases where property is in the custody of an officer of the court and no specific provisions of law exist prescribing judicial procedure in ordering and confirming the sale of such property. Source: Supreme Court Order No. 2 (1) adopted October 12, 1944; SDC Supp 1960, §33.26A01.
SD Codified L § 21-23-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-2 - Application by court officer or trustee for sale of property.

21-23-2. Application by court officer or trustee for sale of property.Any court officer or trustee who has in his possession or custody real or personal property and who deems it necessary or desirable and in the interest of the persons entitled to receive such property or beneficially interested therein, may apply to the court having jurisdiction of the proceeding affecting such property for authority to sell the same. Source: Supreme Court Order No. 2 (2) adopted October 12, 1944; SDC Supp 1960, §33.26A02.
SD Codified L § 21-23-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-3 - Application for sale verified--Contents.

21-23-3. Application for sale verified--Contents.The application for leave to sell shall be verified and shall state the following particulars:(1)The name of the case, trust, or proceeding, and the name of the court having jurisdiction thereof;(2)The name of the receiver or other officer having custody of the property, with reference to the court order or decree giving him possession and custody thereof;(3)The name of the persons beneficially interested in such property and the nature of their interests so far as known to the applicant; whenever there has been filed in the trust or proceeding a list of the names of the persons beneficially interested, the petitioner may refer to such list and by reference incorporate it in the petition without setting out therein the names of all persons beneficially interested;(4)A description of the property as to which sale is desired;(5)A statement of its value, and whether an appraisal thereof has been made by order of court and the date of such appraisal, if any;(6)The reason why a sale is desired or necessary. Source: Supreme Court Order No. 2 (3) adopted October 12, 1944; SDC Supp 1960, §33.26A03.
SD Codified L § 21-23-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-4 - Perishable property ordered sold without hearing--Report of sale.

21-23-4. Perishable property ordered sold without hearing--Report of sale.Perishable property in the hands of such court officer may be ordered sold on his application, without hearing thereon. A written report of such sale containing the matters required in §21-23-12 shall be submitted to the court. Source: Supreme Court Order No. 2 (9) adopted October 12, 1944; SDC Supp 1960, §33.26A09.
SD Codified L § 21-23-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-5 - Time and place of hearing on application to sell property.

21-23-5. Time and place of hearing on application to sell property.On the filing of an application for sale, except as provided by §21-23-4, the court shall by order fix a time and place for hearing such application. The place shall be that most convenient for the persons interested in the property, and the time such as to permit adequate notice of the hearing to be given. Source: Supreme Court Order No. 2 (4) adopted October 12, 1944; SDC Supp 1960, §33.26A04.
SD Codified L § 21-23-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-6 - Notice to parties of hearing on application--Manner of service prescribed by court.

21-23-6. Notice to parties of hearing on application--Manner of service prescribed by court.The court to which the application for leave to sell property is addressed shall direct such notice to be given as will reasonably notify and inform the interested parties that an application to sell the property is pending. Ordinarily, such notice should be by the service on the interested parties of an appropriate notice of hearing, but where the number of persons beneficially interested is great, or some or all of them cannot conveniently be reached for personal service the court may direct that notice be given by publication in a legal newspaper, or by mailing, either by registered or certified mail, or otherwise, copies of the notice to the interested persons, or by posting copies of the notice at or about the place where the property is situated, the intention of this provision being that the court in its discretion shall prescribe such notice as can be given economically with reasonable likelihood that it will come to the attention of the interested parties. Source: Supreme Court Order No. 2 (5) adopted October 12, 1944; SDC Supp 1960, §33.26A05.
SD Codified L § 21-23-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-7 - Order for appraisal of property.

21-23-7. Order for appraisal of property.If, in the opinion of the court, it is necessary in order to inform the court fully in the matter or to safeguard the rights of interested parties, the court may order an appraisal of such property to be made and filed before the hearing on the application to sell, and prescribe the time when the same shall be filed. Source: Supreme Court Order No. 2 (6) adopted October 12, 1944; SDC Supp 1960, §33.26A06.
SD Codified L § 21-23-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-8 - Court order after hearing on application to sell.

21-23-8. Court order after hearing on application to sell.On hearing the application to sell, the court may make such order as in the discretion of the court will best protect the rights of all persons interested in the property. Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, §33.26A07.
SD Codified L § 21-23-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-9 - Time and notice of sale--Order in which items offered--Upset price.

21-23-9. Time and notice of sale--Order in which items offered--Upset price.If a sale be ordered the court shall fix the time of sale, prescribe the notice thereof to be given, and in appropriate cases may direct the order in which the several items of property shall be offered for sale, and may fix an upset price upon any or all of the property. Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, §33.26A07.
SD Codified L § 21-23-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-10 - Bond required of applicant to sell property.

21-23-10. Bond required of applicant to sell property.Whenever, in the opinion of the court to whom an application to sell property under the provisions of this chapter is addressed, the bond of the person applying is inadequate fully to protect the rights of all persons beneficially interested in such property, the court may, in the order for the sale of such property, require the applicant for leave to sell to give a bond in such amount and containing such conditions as the court may prescribe and the court may require corporate surety on such. Source: Supreme Court Order No. 2 (8) adopted October 12, 1944; SDC Supp 1960, §33.26A08.