reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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(b) and applicable local rules, at least fourteen days prior to the hearing, unless and to the extent that the court for good cause shown directs a shorter period or approves a different form of notice for some or all persons.
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; SL 2023, ch 161, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.