reglab/housing_qa huggingface dataset:
SD Codified L § 21-23-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-11 - Cash sale at public auction--Terms and security when deferred payments permitted.

21-23-11. Cash sale at public auction--Terms and security when deferred payments permitted.Unless for good cause the court orders otherwise, all sales of property shall be at public auction for cash. If any portion of the purchase price is to be upon deferred payments, the order of the court shall require adequate security and shall fix the time within which payments are to be made and prescribe the rate of interest. Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, §33.26A07.
SD Codified L § 21-23-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-12 - Report of sale to court for confirmation--Contents of report.

21-23-12. Report of sale to court for confirmation--Contents of report.All sales shall be reported to the court for confirmation. Such reports shall be in writing, shall specify when the property was sold, the name of the purchaser, the terms of sale, if the sale was other than for cash, the amount bid for each item of property, the expense of sale; and such report shall state that the provision of this chapter relative to the sale of such property, and the requirements of the court order, have been complied with. Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, §33.26A07.
SD Codified L § 21-23-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-13 - Report for confirmation of sale authorized by trust instrument.

21-23-13. Report for confirmation of sale authorized by trust instrument.Whenever a trustee is duly empowered by the instrument which creates the trust, or otherwise, to make a sale of any property which is a part of the trust estate, whether real or personal, he shall not be required to obtain any authorization of the court as a prerequisite to such sale, but may, if he desires, report such sale to the court for confirmation. Source: Supreme Court Order No. 2 (1) adopted October 12, 1944; SDC Supp 1960, §33.26A01.
SD Codified L § 21-23-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-14 - Examination of report of sale--Order and notice for formal hearing.

21-23-14. Examination of report of sale--Order and notice for formal hearing.On receiving a report of sale the court shall determine on an inspection of the same and of the files of the case or proceeding, whether a hearing on said report is necessary for the protection of the rights of persons beneficially interested in the property sold. Ordinarily such hearing should be had, but where the court is satisfied that such hearing is unnecessary, or will serve no useful purpose, or will occasion delay which will interfere with the sale of the property, or the cost of giving notice because of the large number of persons involved will entail a large and disproportionate expense the court may by order dispense with a hearing upon notice, and make such order confirming or rejecting the sale as to the court seems appropriate.If the court determines that there must be a formal hearing on application to confirm a sale it shall so order and fix a time for such hearing, and by such order prescribe the notice thereof to be given. Source: Supreme Court Order No. 2 (10) adopted October 12, 1944; SDC Supp 1960, §33.26A10.
SD Codified L § 21-23-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 23 - Judicial Sales|Section 21-23-15 - Consideration of new offers on hearing to confirm sale--Confirmation and conveyance of property.

21-23-15. Consideration of new offers on hearing to confirm sale--Confirmation and conveyance of property.On the hearing to confirm sale the court shall consider any new offers which exceed the offer set forth in the report of sale by at least five percent, and shall likewise consider any other offers made at the time of the hearing, and shall confirm the sale and direct the transfer of title, or conveyance of property, to the person submitting the best offer. Source: Supreme Court Order No. 2 (10) adopted October 12, 1944; SDC Supp 1960, §33.26A10.
SD Codified L § 21-24-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-1 - Power of courts to provide declaratory relief--Form and effect of declarations.

21-24-1. Power of courts to provide declaratory relief--Form and effect of declarations.Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declaration shall have the force and effect of a final judgment or decree. Source: SL 1925, ch 214, §1; SDC 1939 & Supp 1960, §37.0101.
SD Codified L § 21-24-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-2 - Person including business associations and public agencies.

21-24-2. Person including business associations and public agencies.The word, person, wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal, public or other corporation of any character whatsoever. Source: SL 1925, ch 214, §13; SDC 1939 & Supp 1960, §37.0113.
SD Codified L § 21-24-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-3 - Construction and determination of validity of written instruments, legislative acts, and franchises.

21-24-3. Construction and determination of validity of written instruments, legislative acts, and franchises.Any person interested under a deed, will, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. Source: SL 1925, ch 214, §2; SDC 1939 & Supp 1960, §37.0102.
SD Codified L § 21-24-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-4 - Contract construed before or after breach.

21-24-4. Contract construed before or after breach.A contract may be construed either before or after there has been a breach thereof. Source: SL 1925, ch 214, §3; SDC 1939 & Supp 1960, §37.0103.
SD Codified L § 21-24-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-5 - Determination of rights under trust or decedent's estate.

21-24-5. Determination of rights under trust or decedent's estate.Any person interested as or through a personal representative, trustee, conservator, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, minor, protected person, or insolvent, may have a declaration of rights or legal relations in respect thereto:(1)To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;(2)To direct the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity;(3)To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. Source: SDC 1939 & Supp 1960, §37.0104; SL 1993, ch 213, §100.
SD Codified L § 21-24-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-6 - Declaratory relief powers not limited by specific enumeration.

21-24-6. Declaratory relief powers not limited by specific enumeration.The enumeration in §§21-24-3 to 21-24-5, inclusive, does not limit or restrict the exercise of the general powers conferred in §21-24-1, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. Source: SL 1925, ch 214, §5; SDC 1939 & Supp 1960, §37.0105.
SD Codified L § 21-24-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-7 - Parties to be joined in action for declaratory relief.

21-24-7. Parties to be joined in action for declaratory relief.When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. Source: SL 1925, ch 214, §11; SDC 1939 & Supp 1960, §37.0111.
SD Codified L § 21-24-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-8 - Municipality joined in proceeding involving ordinance or franchise--Attorney general joined when constitutional question involved.

21-24-8. Municipality joined in proceeding involving ordinance or franchise--Attorney general joined when constitutional question involved.In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard. Source: SL 1925, ch 214, §11; SDC 1939 & Supp 1960, §37.0111.
SD Codified L § 21-24-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-9 - Trial of issues of fact.

21-24-9. Trial of issues of fact.When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Source: SL 1925, ch 214, §9; SDC 1939 & Supp 1960, §37.0109.
SD Codified L § 21-24-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-10 - Judgment refused where controversy would not be terminated.

21-24-10. Judgment refused where controversy would not be terminated.The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Source: SL 1925, ch 214, §6; SDC 1939 & Supp 1960, §37.0106.
SD Codified L § 21-24-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-11 - Award of costs.

21-24-11. Award of costs.In any proceeding under this chapter the court may make such award of costs as may seem equitable and just. Source: SL 1925, ch 214, §10; SDC 1939 & Supp 1960, §37.0110.
SD Codified L § 21-24-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-12 - Further relief after declaratory judgment--Application and order to show cause.

21-24-12. Further relief after declaratory judgment--Application and order to show cause.Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith. Source: SL 1925, ch 214, §8; SDC 1939 & Supp 1960, §37.0108.
SD Codified L § 21-24-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-13 - Review of declaratory orders and judgments.

21-24-13. Review of declaratory orders and judgments.All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. Source: SL 1925, ch 214, §7; SDC 1939 & Supp 1960, §37.0107.
SD Codified L § 21-24-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-14 - Chapter declared remedial--Liberal construction.

21-24-14. Chapter declared remedial--Liberal construction.This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered. Source: SL 1925, ch 214, §12; SDC 1939 & Supp 1960, §37.0112.
SD Codified L § 21-24-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-15 - Severability of provisions.

21-24-15. Severability of provisions.The several sections and provisions of this chapter except §§21-24-1 and 21-24-3 are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative. Source: SL 1925, ch 214, §14; SDC 1939 & Supp 1960, §37.0114.
SD Codified L § 21-24-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 24 - Declaratory Judgment|Section 21-24-16 - Citation of chapter.

21-24-16. Citation of chapter.This chapter may be cited as the Uniform Declaratory Judgments Act. Source: SL 1925, ch 214, §16; SDC 1939 & Supp 1960, §37.0115.
SD Codified L § 21-25A-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-1 - Enforceability of arbitration clauses in written contracts--Labor contracts.

21-25A-1. Enforceability of arbitration clauses in written contracts--Labor contracts.A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This chapter also applies to arbitration agreements between employers and employees or between their respective representatives. Source: SL 1971, ch 157, §1; SL 1976, ch 155, §1.
SD Codified L § 21-25A-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-2 - Chapter prospective only.

21-25A-2. Chapter prospective only.This chapter applies only to agreements made subsequent to June 30, 1971. Source: SL 1971, ch 157, §21.
SD Codified L § 21-25A-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-3 - Insurance policies not covered--Arbitration agreements void.

21-25A-3. Insurance policies not covered--Arbitration agreements void.This chapter does not apply to insurance policies and every provision in any such policy requiring arbitration or restricting a party thereto or beneficiary thereof from enforcing any right under it by usual legal proceedings in ordinary tribunals or limiting the time to do so is void and unenforceable. However, nothing in this chapter may be deemed to impair the enforcement of or invalidate a contractual provision for arbitration entered into between insurance companies. Source: SL 1971, ch 157, §24; SL 1976, ch 155, §2; SL 1997, ch 125, §1.
SD Codified L § 21-25A-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-4 - Circuit court jurisdiction of proceedings.

21-25A-4. Circuit court jurisdiction of proceedings.The term, court, means a circuit court of this state. The making of an agreement described in §21-25A-1 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment on an award thereunder. Source: SL 1971, ch 157, §18.
SD Codified L § 21-25A-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-5 - Application to compel arbitration--Order to arbitrate or denial of application.

21-25A-5. Application to compel arbitration--Order to arbitrate or denial of application.On application of a party showing an agreement described in §21-25A-1, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied. Source: SL 1971, ch 157, §2.
SD Codified L § 21-25A-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-6 - Merits of claim not considered on application to compel arbitration.

21-25A-6. Merits of claim not considered on application to compel arbitration.An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or because any fault or grounds for the claim sought to be arbitrated have not been shown. Source: SL 1971, ch 157, §2.
SD Codified L § 21-25A-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-7 - Stay of judicial proceedings on arbitrable issue--Severance of issues.

21-25A-7. Stay of judicial proceedings on arbitrable issue--Severance of issues.Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under §21-25A-5 or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay. Source: SL 1971, ch 157, §2.
SD Codified L § 21-25A-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-8 - Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of application.

21-25A-8. Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of application.On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under §21-25A-5, the application shall be made therein. Otherwise and subject to §21-25A-34, the application may be made in any court of competent jurisdiction. Source: SL 1971, ch 157, §2; SL 1976, ch 155, §3.
SD Codified L § 21-25A-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-9 - Appointment of arbitrators according to agreement--Appointment by court.

21-25A-9. Appointment of arbitrators according to agreement--Appointment by court.Except as provided by chapter 21-25B, if the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. Source: SL 1971, ch 157, §3; SL 1976, ch 155, §4.
SD Codified L § 21-25A-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-10 - Arbitrators acting by majority.

21-25A-10. Arbitrators acting by majority.The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter. Source: SL 1971, ch 157, §4.
SD Codified L § 21-25A-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-11 - Time and place of hearing--Notice to parties--Waiver of notice.

21-25A-11. Time and place of hearing--Notice to parties--Waiver of notice.Unless otherwise provided by the agreement, the arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail not less than five days before the hearing. Appearance at the hearing waives such notice. Source: SL 1971, ch 157, §5 (1); SL 1987, ch 29, §26.
SD Codified L § 21-25A-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-12 - Subpoenas issued by arbitrators--Service and enforcement.

21-25A-12. Subpoenas issued by arbitrators--Service and enforcement.The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action. Source: SL 1971, ch 157, §7.
SD Codified L § 21-25A-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-13 - Depositions permitted by arbitrators--Compelling testimony.

21-25A-13. Depositions permitted by arbitrators--Compelling testimony.On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. All provisions of law compelling a person under subpoena to testify are applicable. Source: SL 1971, ch 157, §7.
SD Codified L § 21-25A-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-14 - Hearing by all arbitrators--Continuation when arbitrator ceases to act.

21-25A-14. Hearing by all arbitrators--Continuation when arbitrator ceases to act.Unless otherwise provided by the agreement, the hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy. Source: SL 1971, ch 157, §5 (3).
SD Codified L § 21-25A-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 25A - Enforcement Of Arbitration Agreements|Section 21-25A-15 - Evidence presented by parties--Cross-examination.

21-25A-15. Evidence presented by parties--Cross-examination.Unless otherwise provided by the agreement, the parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing. Source: SL 1971, ch 157, §5 (2).