reglab/housing_qa huggingface dataset:
SD Codified L § 21-21-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-1 - Pending actions in which receivership authorized to prevent loss of property.

21-21-1. Pending actions in which receivership authorized to prevent loss of property.A receiver may be appointed by the court in which an action is pending, or by the judge thereof, on the application of the plaintiff or of any party whose right to or interest in the property, funds, or proceeds thereof is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured, in any of the following actions:(1)By a vendor to vacate a fraudulent purchase of property;(2)By a creditor to subject any property or fund to his claim;(3)Between partners or others jointly owning or interested in any property or fund. Source: CCivP 1877, §219, subdiv 1; CL 1887, §5015, subdiv 1; RCCivP 1903, §227, subdiv 1; RC 1919, §2475 (1); SDC 1939 & Supp 1960, §37.2601 (1).
SD Codified L § 21-21-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-2 - Receivership in foreclosure actions to prevent loss to mortgaged property.

21-21-2. Receivership in foreclosure actions to prevent loss to mortgaged property.A receiver may be appointed by the court in which the action is pending, or by the judge thereof, in an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the conditions of the mortgage have not been performed, and that the property is probably insufficient to discharge the mortgage debt. Source: CCivP 1877, §219, subdiv 2; CL 1887, §5015, subdiv 2; RCCivP 1903, §227, subdiv 2; RC 1919, §2475 (2); SDC 1939 & Supp 1960, §37.2601 (2).
SD Codified L § 21-21-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-3 - Receivership where corporation dissolved, insolvent or unable to function.

21-21-3. Receivership where corporation dissolved, insolvent or unable to function.A receiver may be appointed by the court in which an action is pending, or by the judge thereof, in the cases where a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights; or is unable to exercise its corporate functions because of continued dissension between or neglect by its stockholders, directors and officers. Source: CCivP 1877, §219, subdiv 5; CL 1887, §5015, subdiv 5; RCCivP 1903, §227, subdiv 5; RC 1919, §2475 (5); SDC 1939 & Supp 1960, §37.2601 (5).
SD Codified L § 21-21-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-4 - Grounds for receivership after judgment.

21-21-4. Grounds for receivership after judgment.A receiver may be appointed after judgment by the court in which the judgment was entered, or by the judge thereof:(1)To carry the judgment into effect;(2)To dispose of the property according to the judgment or to preserve it during the pendency of an appeal;(3)In proceedings in aid of execution, when an execution has been returned unsatisfied; or(4)When the judgment debtor refuses to apply his property in satisfaction of the judgment. Source: CCivP 1877, §219, subdiv 3, 4; CL 1887, §5015, subdiv 3, 4; RCCivP 1903, §227, subdiv 3, 4; RC 1919, §2475 (3), (4); SDC 1939 & Supp 1960, §37.2601 (3), (4).
SD Codified L § 21-21-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-5 - Receivership under usages of equity.

21-21-5. Receivership under usages of equity.A receiver may be appointed by the court in which an action is pending, or by the judge thereof, in all other cases where receivers have heretofore been appointed by the usages of courts of equity. Source: CCivP 1877, §219, subdiv 6; CL 1887, §5015, subdiv 6; RCCivP 1903, §227, subdiv 6; RC 1919, §2475 (6); SDC 1939 & Supp 1960, §37.2601 (6).
SD Codified L § 21-21-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-6 - Undertaking required of applicant on ex parte appointment of receiver--Amount and terms--Additional undertaking.

21-21-6. Undertaking required of applicant on ex parte appointment of receiver--Amount and terms--Additional undertaking.If a receiver be appointed upon an ex parte application, the court, before making the order, may require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of such receiver and the entry by him upon his duties, in case the applicant shall have procured such appointment wrongfully, maliciously, or without sufficient cause; and the court may, in its discretion, at any time after said appointment, require an additional undertaking. Source: CCivP 1877, §221; CL 1887, §5017; RCCivP 1903, §229; RC 1919, §2477; SDC 1939 & Supp 1960, §37.2603.
SD Codified L § 21-21-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-7 - Party not to be receiver except by consent.

21-21-7. Party not to be receiver except by consent.No party or person interested in an action can be appointed receiver therein, without the written consent of the parties, filed with the clerk. Source: CCivP 1877, §221; CL 1887, §5017; RCCivP 1903, §229; RC 1919, §2477; SDC 1939 & Supp 1960, §37.2603.
SD Codified L § 21-21-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-8 - Oath and undertaking of receiver.

21-21-8. Oath and undertaking of receiver.Before entering upon his duties the receiver must be sworn to perform them faithfully, and, with one or more sureties, approved by the court or judge, execute an undertaking to such person and in such sum as the court or judge may direct, to the effect that he will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein. Source: CCivP 1877, §222; CL 1887, §5018; RCCivP 1903, §230; RC 1919, §2478; SDC 1939 & Supp 1960, §37.2603.
SD Codified L § 21-21-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-9 - Powers of receiver in collection and management of property.

21-21-9. Powers of receiver in collection and management of property.The receiver has, under the control of the court, power to bring and defend actions in his own name as receiver, to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the court may authorize. Source: CCivP 1877, §223; CL 1887, §5019; RCCivP 1903, §231; RC 1919, §2479; SDC 1939 & Supp 1960, §37.2604.
SD Codified L § 21-21-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 21 - Receivership|Section 21-21-10 - Investment of receivership funds--Consent of parties.

21-21-10. Investment of receivership funds--Consent of parties.Funds in the hands of a receiver may be invested upon interest, by order of the court, but no such order can be made except upon the consent of all the parties to the action. Source: CCivP 1877, §224; CL 1887, §5020; RCCivP 1903, §232; RC 1919, §2480; SDC 1939 & Supp 1960, §37.2605.
SD Codified L § 21-22-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-1 - Definition of terms.

21-22-1. Definition of terms.Terms used in this chapter mean:(1)"Beneficiary," any person beneficially interested in the trust, as defined in subdivision 55-1-24(1) or who has a direct financial interest in the trust, including a creditor or claimant with any rights or claimed rights against the trust estate if the creditor or claimant demonstrates a previously asserted specific claim against the trust estate;(2)"Court trust," any trust which is established or confirmed by the judgment, decree, or order of any court of record of this state or any foreign jurisdiction;(3)"Fiduciary," a trustee, custodian, enforcer, trust advisor, trust protector, or trust committee, as named in the governing instrument or order of court, regardless of whether such person is acting in a fiduciary or nonfiduciary capacity;(4)"Other trust," any trust which is not a court trust;(5)"Supervision," the supervision of the circuit court over the administration of a trust as provided in this chapter;(6)"Trustee," the trustee or trustees of any trust which may be supervised under this chapter. Source: Supreme Court Rule 237, 1939; SDC 1939 & Supp 1960, §33.2601; SL 2010, ch 232, §24; SL 2014, ch 226, §6; SL 2015, ch 240, §21; SL 2017, ch 204, §23; SL 2018, ch 275, §1.
SD Codified L § 21-22-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-2 - Application of chapter and §§ 55-3-24 to 55-3-48.

21-22-2. Application of chapter and §§55-3-24 to 55-3-48.This chapter applies to all trusts if any part of the trust estate has its situs within this state or if the trustee or a beneficiary resides in this state, except as otherwise specifically provided by statute or rule of court, the intent being to exclude therefrom such trusts as a statutory assignment for the benefit of creditors, probate administrations, conservatorships, and all other trusts as to which specific provision is made for court supervision. The provisions of §§55-3-24 to 55-3-48, inclusive, are applicable to actions or proceedings relating to trusts supervised or administered under this chapter. Source: SDC 1939 & Supp 1960, §33.2602; SL 1993, ch 213, §98; SL 2000, ch 229, §19; SL 2016, ch 231, §27.
SD Codified L § 21-22-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-3 - Inventory and documents filed by court trustee--Contents.

21-22-3. Inventory and documents filed by court trustee--Contents.Within thirty days after entering upon his or her duties, any trustee under a court trust shall, if a resident of this state or if any of the trust estate has its situs in this state, file in the office of the clerk of the circuit court of the county specified in §21-22-5 an inventory of all the trust estate, a copy of any personal representative's instrument of distribution, a copy of any recorded personal representative's deed of distribution, a duly certified copy of any other court order or clerk's statement establishing or confirming the trust, a true and correct copy of the governing instrument and all amendments and modifications made thereto, if any, on which the trust is based, a statement showing the names, residences and post office addresses of all persons, including conservators or other trustees interested in the trust, so far as known to the trustee, and the ages of such of them as are minors. Such inventory shall show a list and description of all the trust property, an estimate by the trustee of the value of each item, the encumbrances, if any, on each item, and all claims against the trust estate with the amount of each claim and the name and post office address of the claimant. Such inventory and such statement shall be duly verified by the trustee. Source: SDC 1939 & Supp 1960, §33.2603; SL 1993, ch 213, §99; SL 2010, ch 232, §25; SL 2014, ch 226, §7.
SD Codified L § 21-22-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-4 - Appointment by nonresident trustee of agent to receive process.

21-22-4. Appointment by nonresident trustee of agent to receive process.With the papers required by §21-22-3 the trustee shall also file, if not a resident of this state, an appointment of a resident of this state as his agent for the service of process and of all papers relative to the administration of such trust. Source: Supreme Court Rule, Part 3, Rule 2, September, 1923; Supreme Court Rule 239, 1939; SDC 1939 & Supp 1960, §33.2603.
SD Codified L § 21-22-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-5 - County in which trustee's inventory and attached papers filed.

21-22-5. County in which trustee's inventory and attached papers filed.The papers provided in §§21-22-3 and 21-22-4 shall be filed in the office of the clerk of the circuit court of the county where the trust estate or some part thereof has its situs, or if none of the trust estate has its situs in this state, in a county where a beneficiary resides, and if no beneficiary resides in this state, then in the county where the trustee resides. Source: Supreme Court Rule, Part 3, Rule 1, September, 1923; Supreme Court Rule 239, 1939; SDC 1939 & Supp 1960, §33.2603.
SD Codified L § 21-22-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-6 - Commencement of supervision by court.

21-22-6. Commencement of supervision by court.Immediately upon the filing of the papers required by §§21-22-3 and 21-22-4, supervision by the court shall be deemed to commence. Source: Supreme Court Rule 239, 1939; SDC 1939 & Supp 1960, §33.2603.
SD Codified L § 21-22-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-7 - Petition, hearing and order dispensing with court supervision.

21-22-7. Petition, hearing and order dispensing with court supervision.At any time after the filing of the papers required by §§21-22-3 and 21-22-4 a fiduciary, the trustor, or any beneficiary under such court trust, if the fiduciary, trustor, or beneficiary considers court supervision unnecessary or impractical and involving unnecessary burden and expense, may petition the court to dispense with the supervision. Upon the petition being filed, the court shall fix the time and place for hearing, unless the conditions of §21-22-21 have been met, and cause notice thereof to be given as provided pursuant to this chapter. Upon the hearing the supervision may not be dispensed with if any fiduciary, trustor, or any beneficiary with a substantial interest in the trust objects to dispensing therewith. If there is no objection and the court is satisfied that supervision is impractical or unnecessary and would involve unnecessary burden and expense, an order may be entered dispensing with the supervision. Source: Supreme Court Rule 240, 1939; SDC 1939 & Supp 1960, §33.2604; SL 2014, ch 226, §8; SL 2015, ch 240, §22.
SD Codified L § 21-22-7.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-7.1 - Notice of entry of order--Requirements.

21-22-7.1. Notice of entry of order--Requirements.Notice of entry as required by §15-26A-6 shall require only that notice that an order has been entered has been served. Absent a court order to the contrary, there is no requirement that the order be attached to the notice of entry. Source: SL 2002, ch 100, §7.
SD Codified L § 21-22-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-8 - Petition, hearing, and order resuming court supervision.

21-22-8. Petition, hearing, and order resuming court supervision.At any time during the existence of the trust, after supervision has been dispensed with pursuant to §21-22-7, any fiduciary, trustor, or beneficiary may petition for a resumption of the supervision in which event the court shall, upon notice as provided pursuant to this chapter, conduct a hearing and the supervision shall be resumed unless good cause to the contrary is shown. Source: Supreme Court Rule 240, 1939; SDC 1939 & Supp 1960, §33.2604; SL 2014, ch 226, §9; SL 2015, ch 240, §23.
SD Codified L § 21-22-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-9 - Petition, hearing, and order for court supervision of other trust--Information.

21-22-9. Petition, hearing, and order for court supervision of other trust--Information.Any fiduciary, trustor, or beneficiary of any other trust may, if the trustee is a resident of this state or if any of the trust estate has its situs in this state, at any time petition the circuit court, the county where such petition is to be filed to be determined the same as in the case of a court trust, to exercise supervision. Upon the petition being filed, the court shall fix a time and place for hearing thereon, unless notice and a hearing are waived in writing by all fiduciaries and beneficiaries, and notice shall be given as provided pursuant to this chapter, and, upon such hearing, enter an order assuming supervision unless good cause to the contrary is shown. Thereupon the trustee shall within thirty days, file the information required pursuant to §21-22-3 by a trustee under a court trust, and, at all times thereafter, the court shall have the same powers as over a court trust. If the petition for court supervision includes the information required pursuant to §21-22-3, the fiduciary, trustor, or beneficiary may, in the same petition, request court action as to any matter relevant to the administration of the trust, including the termination of court supervision. Upon the hearing on the petition, the court shall enter an order assuming supervision unless good cause to the contrary is shown. The court shall make such order approving the relief requested by the petition, give such directions to a fiduciary as the court shall determine, or resolve objections filed by an interested party pursuant to §21-22-16. Source: SDC 1939 & Supp 1960, §33.2605; SL 2002, ch 100, §8; SL 2004, ch 312, §10; SL 2014, ch 226, §10; SL 2015, ch 240, §24.
SD Codified L § 21-22-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-10 - Fixing terms of trustee's bond--Amount and conditions--Sureties--Time of filing--New bond.

21-22-10. Fixing terms of trustee's bond--Amount and conditions--Sureties--Time of filing--New bond.Unless the trustee is exempted by the terms of the instrument creating the trust from furnishing a bond or unless the instrument itself provides the amount and condition of such bond, the trustee shall, upon commencement of court supervision, petition the court to fix the amount and conditions of bond unless the conditions of §21-22-21 have been met. The court shall then fix a time and place for hearing and direct notice thereof to be given as provided in this chapter. The bond shall be conditioned that the trustee will faithfully perform the trustee's trust and duly account for all money and property received, and the amount of the bond shall be fixed by the court in a sum which in the opinion of the court shall be sufficient to protect the interest of the beneficiaries. The bond shall be either with a corporate surety or with at least two personal sureties to be approved by the court who are residents and freeholders of this state and who together are worth in excess of all their liabilities and property exempt from execution, at least the amount of the bond. The trustee shall file the bond within ten days after entry of the order requiring that the bond be filed. If it appears that the proper administration of the trust requires that a new bond be given, the court may require such new bond. Source: Supreme Court Rule, Part 3, Rule 9, September, 1923; Supreme Court Rule 248, 1939; SDC 1939, §33.2612; Supreme Court Rule adopted Feb. 11, 1952; SL 2014, ch 226, §11.
SD Codified L § 21-22-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-11 - Bond required despite terms of trust instrument.

21-22-11. Bond required despite terms of trust instrument.When the instrument creating the trust exempts the trustee from furnishing a bond or limits the amount thereof, or the court shall determine that the bond ordered to be filed is insufficient, the court may if it concludes that a bond be necessary or that a bond of a larger amount is necessary, require the furnishing of such bond. Source: Supreme Court Rule, Part 3, Rule 9, September, 1923; Supreme Court Rule 248, 1939; SDC 1939, §33.2612; Supreme Court Rule adopted February 11, 1952.
SD Codified L § 21-22-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-12 - Vacancy of office of trustee--Successor--Temporary trustee--Resigned trustee.

21-22-12. Vacancy of office of trustee--Successor--Temporary trustee--Resigned trustee.In case of the vacancy of the office of trustee, unless the instrument creating the trust names the successor, or allows the resigning trustee or another person to appoint its successor, the successor shall be appointed by the court upon hearing and notice as provided in this chapter. In case of necessity the court may appoint a temporary trustee pending a permanent appointment. If the office of trustee remains vacant for more than thirty days, then any resigned trustee in possession of trust property may petition the court for the appointment of a successor trustee. If no successor trustee can be secured within ninety days following a hearing held of the resigned trustee's petition, the resigned trustee shall deliver the trust property within its possession to any other fiduciary or other persons, as ordered by the court.The resigned trustee shall be held harmless from any liability, absent the resigned trustee's gross negligence or willful misconduct, for any action taken pursuant to this section.The resigned trustee is entitled to reimbursement for advances it has made on behalf of the trust and for reasonable compensation for the performance of its duties as trustee. Such advances and compensation shall act as a lien on trust assets under §55-1A-34.Following a trustee's resignation, the resigned trustee shall be deemed to be serving only as a custodian of the documents and assets of the trust then in its possession and shall be relieved of its fiduciary and administrative duties under the terms of the trust instrument and pursuant to state law. The resigned trustee is entitled to reimbursement for advances it has made on behalf of the trust and for reasonable compensation as a custodian. Such advances and compensation shall act as a lien on trust assets under §55-1A-34.The relief afforded to the trustee under this section does not limit other relief that may be requested or authorized under this chapter. Source: Supreme Court Rule, Part 3, Rule 10, September, 1923; Supreme Court Rule 249, 1939; SDC 1939 & Supp 1960, §33.2613; SL 2019, ch 209, §3.
SD Codified L § 21-22-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 22 - Administration Of Trust Estates|Section 21-22-13 - Petitions relevant to trust administration--Hearing--Order.

21-22-13. Petitions relevant to trust administration--Hearing--Order.The trustor, a fiduciary, or a beneficiary of any trust under court supervision may at any time petition the court for its action as to any matter relevant to the administration of the trust, including particularly the requiring of special reports from a fiduciary, the exercise of any discretion vested in a fiduciary, and as to any matter as to which courts of equity have heretofore exercised jurisdiction over fiduciaries. Upon the filing of the petition the court shall fix a time and place for hearing unless the conditions of §21-22-21 have been met and cause notice to be given as required by this chapter. Upon the hearing the court shall make such order, give such directions to a fiduciary as the court shall determine, or resolve objections filed by an interested party pursuant to §21-22-16. Source: SDC 1939 & Supp 1960, §33.2607; SL 2002, ch 100, §9; SL 2014, ch 226, §12; SL 2015, ch 240, §25.