reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-2 - Action for bodily injury--Effective election--Objection to election--Time requirements--Action not tried under chapter--Withdrawal of election.

21-3A-2. Action for bodily injury--Effective election--Objection to election--Time requirements--Action not tried under chapter--Withdrawal of election.
In order to invoke this chapter, a party to an action for bodily injury shall make an effective election in accordance with this section within one hundred twenty days after service of the complaint.
The election shall be made in accordance with rules of court. Any objection to the election shall be made in accordance with rules of court within thirty days after the election has been made.
An election is effective if:
(1)All parties have consented;
(2)No timely objection is filed by any party; or
(3)A timely objection is filed; but
(a)The electing party is a claimant and shows there is a good faith claim that future damages will exceed two hundred thousand dollars; or
(b)The electing party is a party responding to a claim for future damages in excess of two hundred thousand dollars and shows that security in the amount of the claim for past and future damages or five hundred thousand dollars, whichever is less, can be provided under this chapter.
If an objecting party shows that the purposes of this chapter would not be served by conducting the trial of the claim affecting him under this chapter, the court may determine not to try the claim under this chapter even though the conditions of subsection (a) or (b) of subdivision (3) of this section are satisfied. Such determination shall be made in accordance with rules of court.
If an effective election is on file at the commencement of trial, all actions, including third-party claims, counterclaims and actions consolidated for trial, shall be tried under this chapter unless the court finds that the purposes of this chapter would not be served by doing so or in the interest of justice a separate trial or proceeding should be held on some or all of the claims that are not the subject of the election.
An effective election can be withdrawn only by consent of all parties to the claim to which the election relates.
Source:
SL 1986, ch 163, §2; SL 1988, ch 181, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-3 - Calculation of damages by trier of fact.

21-3A-3. Calculation of damages by trier of fact.
If liability is found in a trial under this chapter, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of:
(1)Any past damages; and
(2)Any future damages and the periods over which they will accrue, on an annual basis, for each of the following types:
(a)Medical and other costs of health care;
(b)Other economic loss; and
(c)Noneconomic loss.
The calculation of future damages for types (a) and (c) described in subdivision (2) of this section shall be based on the costs and losses during the period of time the claimant will sustain those costs and losses and the calculation for type (b) shall be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based.
Source:
SL 1986, ch 163, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-4 - Evidence and calculation of future damages--Jury instructions concerning future damages.

21-3A-4. Evidence and calculation of future damages--Jury instructions concerning future damages.
In all trials under this chapter, evidence of future damages shall be expressed in current values and those damages shall be calculated by the trier of fact without regard to future changes in the earning power or purchasing power of the dollar.
In all jury trials in which special damages findings are required under this chapter, the jury shall be informed that with respect to future damages:
(1)The law provides for adjustments to be made later to take account of future changes in the purchasing power of the dollar;
(2)The law takes into account the fact that those payments may be made in the future rather than in one lump sum now; and
(3)The jury will make their findings on the assumption that appropriate adjustments for future changes in the purchasing power of the dollar will be made later.
Source:
SL 1986, ch 163, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-6 - Judgment for periodic installments--Adjustment--Index factor--Schedule of payments.

21-3A-6. Judgment for periodic installments--Adjustment--Index factor--Schedule of payments.
A judgment for periodic installments shall set out:
(1)The findings of the future damages for each calendar year; and
(2)A schedule of the base figure for each calendar year to be used in calculating future payments. The base figure is determined by discounting the findings for each calendar year in accordance with §21-3A-9.
As of the first day of each calendar year after a judgment for periodic installments is entered, the schedule of all installments not previously due shall be adjusted by adding to the base figure for each installment, in the most recently modified schedule, a sum determined by multiplying the base figure by the index factor defined in this section.
If a judgment for periodic installments has been in effect for:
(1)One year or more at the time of adjustment, the index factor is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment;
(2)Less than one year but more than six months at the time of adjustment, the index factor is one-half of the index factor defined in this section; and
(3)Less than six months but more than three months at the time of adjustment, the index factor is one-fourth of the index factor defined in this section.
In all other cases, no adjustment may be made.
Unless the court directs otherwise or the parties otherwise agree, payments shall be scheduled at one-month intervals. Payments for damages accruing during the scheduled intervals are due at the beginning of the intervals.
Source:
SL 1986, ch 163, §6; SL 1988, ch 181, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-7 - Security authorized for payment of judgment for periodic installments.

21-3A-7. Security authorized for payment of judgment for periodic installments.
Security authorized or required for payment of a judgment for periodic installments entered in accordance with this chapter shall be in one or more of the following forms and approved by the court:
(1)Bond executed by a qualified insurer;
(2)Annuity contract executed by a qualified insurer;
(3)Evidence of applicable and collectible liability insurance with one or more qualified insurers;
(4)An agreement by one or more qualified insurers to guarantee payment of the judgment; or
(5)Any other satisfactory form of security.
Security complying with this section serves also as a required supersedeas bond.
Source:
SL 1986, ch 163, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-8 - Posting of security by judgment debtor or insurer--Failure to comply--Right to lump-sum payment--Wrongful death action--Right of reimbursement.

21-3A-8. Posting of security by judgment debtor or insurer--Failure to comply--Right to lump-sum payment--Wrongful death action--Right of reimbursement.
If the court enters a judgment for periodic installments, each party liable for all or a portion of the judgment, unless found to be incapable of doing so under subdivision 21-3A-5(4), shall separately or jointly with one or more others post security in an amount equal to the present lump-sum equivalent of the unpaid judgment, including past damages, in a form prescribed in §21-3A-7, within thirty days after the date the judgment is subject to execution. A liability insurer having a contractual obligation and any other person adjudged to have an obligation to pay all or part of a judgment for periodic installments on behalf of a judgment debtor is obligated to post security to the extent of its contractual or adjudged obligation if the judgment debtor has not done so.
A judgment creditor or successor in interest and any party having rights under this section may move that the court find that security has not been posted and maintained with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall calculate the lump-sum equivalent of the obligation under §21-3A-9 and enter a judgment for that amount in favor of the moving party.
Upon motion by the claimant, or the beneficiaries in an action for wrongful death, the court, in the absence of a showing of good cause, shall enter a lump-sum judgment without applying the discount factor in §21-3A-9 if:
(1)A responding party elects to have this chapter apply and makes the required showing as to security under §21-3A-2, but thereafter fails to post security; or
(2)A party fails to maintain security.
If a judgment debtor who is the only person liable for a portion of a judgment for periodic installments fails to post and maintain security, the right to lump-sum payment described in this section applies only against that judgment debtor and the portion of the judgment so owed.
If more than one party is liable for all or a portion of a judgment requiring security under this chapter and the required security is posted by one or more but fewer than all of the parties liable, the security requirements are satisfied and those posting security may proceed under this section to enforce rights for security or lump-sum payment to satisfy or protect rights of reimbursement from a party not posting security.
Source:
SL 1986, ch 163, §8; SL 1988, ch 181, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-9 - Discount factor.

21-3A-9. Discount factor.
If future damages are determined in accordance with §21-3A-4 but are ordered to be paid in advance of the period to which they apply, or base figures are required under §21-3A-6, the court shall apply a discount factor of three percent, compounded annually.
Source:
SL 1986, ch 163, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-10 - Survivorship of liability for installment payments--Wrongful death action--Qualifying survivor defined.

21-3A-10. Survivorship of liability for installment payments--Wrongful death action--Qualifying survivor defined.
In all cases covered by this chapter in which future damages are payable in periodic installments, the liability for payment of any installments for medical or other costs of health care or noneconomic loss not yet due at the death of a person entitled to receive these benefits terminates upon the death of that person. The liability for payment of any other installments or portions thereof not yet due at the death of the person entitled to receive them likewise terminates except as provided herein.
If, in an action for wrongful death, a judgment for periodic installments provides payments to more than one person entitled to receive benefits for losses that do not terminate under this section and one or more but fewer than all of them die, the surviving beneficiaries succeed to the shares of the deceased beneficiaries. The surviving beneficiaries are entitled to shares proportionate to their shares in the periodic installments not yet paid, but they are not entitled to receive payments beyond the respective periods specified for them in the judgment.
If, in an action other than one for wrongful death, a judgment for periodic installments is entered and a person entitled to receive benefits for losses that do not terminate under this section under the judgment dies and is survived by one or more qualifying survivors, any periodic installments not yet due at the death shall be shared equitably by those survivors. Amounts due each survivor may not exceed the survivor's economic loss resulting from the death.
Qualifying survivor means a person who, had the death been caused under circumstances giving rise to a cause of action for wrongful death, would have qualified as a beneficiary at the time of the death according to the law that would be applied in an action for wrongful death by the jurisdiction under which the issue of liability was resolved in entering the judgment for periodic installments.
Source:
SL 1986, ch 163, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-11 - Satisfaction of judgment and discharge of debtor.

21-3A-11. Satisfaction of judgment and discharge of debtor.
If security is posted in accordance with §21-3A-8 and approved under a final judgment entered under this chapter, the judgment is satisfied and the judgment debtor on whose behalf the security is posted is discharged.
Source:
SL 1986, ch 163, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-12 - Rules established by director of Division of Insurance.

21-3A-12. Rules established by director of Division of Insurance.
The director of the Division of Insurance shall establish rules:
(1)For determining which insurers, self-insurers, plans, or arrangements are financially qualified to provide the security required under this Act and to be designated as qualified insurers;
(2)To require insurers to post security under §21-3A-8 if found by the court to be obligated and capable of posting security; and
(3)For publishing prior to January first of each year the rate of discount per annum set out in §21-3A-6.
Source:
SL 1986, ch 163, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03A - Periodic Payments Of Certain Judgments And Settlements › Section 21-3A-13 - Provisions of chapter severable.

21-3A-13. Provisions of chapter severable.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source:
SL 1986, ch 163, §13.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-2 - Transferee to provide disclosure statement--Information required.

21-3B-2. Transferee to provide disclosure statement--Information required.
Not less than three days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth the following information:
(1)The amounts and due dates of the structured settlement payments to be transferred;
(2)The aggregate amount of such payments;
(3)The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities" and the amount of the applicable federal rate used in calculating such discounted present value;
(4)The gross advance amount;
(5)An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;
(6)The net advance amount;
(7)The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
(8)A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
Source:
SL 2001, ch 106, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-3 - Transfer effective only upon order of court or administrative authority--Findings required.

21-3B-3. Transfer effective only upon order of court or administrative authority--Findings required.
No direct or indirect transfer of structured settlement payment rights is effective and no structured settlement obligor or annuity issuer is required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on the following express findings by such court or responsible administrative authority:
(1)The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(2)The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and
(3)The transfer does not contravene any applicable statute or the order of any court or other government authority.
Source:
SL 2001, ch 106, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-4 - Rights and obligations following transfer.

21-3B-4. Rights and obligations following transfer.
Following a transfer of structured settlement payment rights under this chapter:
(1)The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any liability for the transferred payments;
(2)The transferee is liable to the structured settlement obligor and the annuity issuer:
(a)If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and
(b)For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this chapter;
(3)Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and
(4)Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
Source:
SL 2001, ch 106, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-5 - Application for approval of transfer to be made by transferee--Venue--Notice of proposed transfer.

21-3B-5. Application for approval of transfer to be made by transferee--Venue--Notice of proposed transfer.
An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.
Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under §21-3B-3, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including the following with such notice:
(1)A copy of the transferee's application;
(2)A copy of the transfer agreement;
(3)A copy of the disclosure statement required under §21-3B-2;
(4)A listing of each of the payee's dependents, together with each dependent's age;
(5)Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(6)Notification of the time and place of the hearing and notification of the manner in which, and the time by which written responses to the application must be filed, which may not be less than fifteen days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.
Source:
SL 2001, ch 106, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-7 - Disputes decided under state law.

21-3B-7. Disputes decided under state law.
Any transfer agreement entered into on or after July 1, 2001, by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No such transfer agreement may authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
Source:
SL 2001, ch 106, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-9 - No payee liability for failure to comply with chapter.

21-3B-9. No payee liability for failure to comply with chapter.
No payee who proposes to make a transfer of structured settlement payment rights may incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this chapter.
Source:
SL 2001, ch 106, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-10 - Effect of chapter on existing laws and transfer agreements.

21-3B-10. Effect of chapter on existing laws and transfer agreements.
Nothing contained in this chapter authorizes any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2001, is valid or invalid.
Source:
SL 2001, ch 106, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-11 - Transferee solely responsible for certain requirements.

21-3B-11. Transferee solely responsible for certain requirements.
Compliance with the requirements set forth in §21-3B-2 and fulfillment of the conditions set forth in §21-3B-3 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bears any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.
Source:
SL 2001, ch 106, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 03B - Structured Settlements › Section 21-3B-12 - Applicability of chapter.

21-3B-12. Applicability of chapter.
This chapter applies to any transfer of structured settlement payment rights under a transfer agreement entered into on or after July 1, 2001. Nothing contained in this chapter implies that any transfer under a transfer agreement reached prior to such date is either effective or ineffective.
Source:
SL 2001, ch 106, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-1 - Liability for wrongful death where damages for injury could have been recovered--Unborn child.

21-5-1. Liability for wrongful death where damages for injury could have been recovered--Unborn child.
Whenever the death or injury of a person, including an unborn child, shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereto, if death had not ensued, then and in every such case, the corporation which, or the person who, would have been liable, if death had not ensued, or the personal representative of the estate of such person as such personal representative, shall be liable, to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony; and when the action is against such personal representative, the damages recovered shall be a valid claim against the estate of such deceased person. However, an action under this section involving an unborn child shall be for the exclusive benefit of the mother or the lawfully married parents of the unborn child.
Source:
SL 1909, ch 301, §1; RC 1919, §2929; SDC 1939, §37.2201; SL 1947, ch 172; SL 1984, ch 158, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-2 - Causes of action surviving death of defendant.

21-5-2. Causes of action surviving death of defendant.
Actions for wrongful death or personal injury shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death or injury of the injured person.
Source:
SDC 1939, §37.2201 as added by SL 1947, ch 172.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-3 - Limitation of actions.

21-5-3. Limitation of actions.
Every action for wrongful death shall be commenced within three years after the death of such deceased person.
Source:
SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-4 - Foreign statute of limitations applicable.

21-5-4. Foreign statute of limitations applicable.
Whenever the death of a citizen of this state has been caused by a wrongful act, neglect, or default in another state, territory, or foreign country for which a right to maintain an action and recover damages in respect thereto is given by a statute of such other state, territory, or foreign country, such right of action may be enforced in this state within the time prescribed for the commencement of such action, by the statute of such other state, territory, or foreign country.
Source:
SL 1909, ch 301, §2; RC 1919, §2930; SDC 1939 & Supp 1960, §37.2202.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-5 - Relatives for whose benefit action brought--Personal representative to bring action.

21-5-5. Relatives for whose benefit action brought--Personal representative to bring action.
Every action for wrongful death shall be for the exclusive benefit of the wife or husband and children, or if there be neither of them, then of the parents and next of kin of the person whose death shall be so caused; and it shall be brought in the name of the personal representative of the deceased person.
Source:
SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-6 - Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries.

21-5-6. Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries.
Such personal representative may at any time before or after the commencement of a suit for wrongful death settle with the defendant the amount to be paid to him as damages for the wrongful death of the decedent. If such personal representative was appointed in this state and settlement is made before the commencement of a suit such settlement must have the approval of the court of the representative's appointment. If settlement is made at any time after the commencement of suit, whether before or after judgment therein, such settlement must have the consent and approval of the court wherein the action is pending; provided, however, that if the personal representative was appointed in this state he may make such settlement upon the consent and approval of either the court wherein the action is pending or the court of his appointment. If all the statutory beneficiaries are of full age and competent and consent in writing to the proposed settlement the same may be made at any time, before or after suit, without the consent of either court.
Source:
SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-7 - Damages proportionate to pecuniary injury to beneficiaries.

21-5-7. Damages proportionate to pecuniary injury to beneficiaries.
In every action for wrongful death the jury may give such damages as they may think proportionate to the pecuniary injury resulting from such death to the persons respectively for whose benefit such action shall be brought.
Source:
SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-8 - Apportionment of damages among beneficiaries.

21-5-8. Apportionment of damages among beneficiaries.
The amount received by such personal representative, whether by settlement or otherwise, shall be apportioned among the beneficiaries, unless adjusted between themselves, by the court making the appointment, in such manner as shall be fair and equitable, having reference to the age and condition of such beneficiaries.
Source:
SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1984, ch 158, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 05 - Wrongful Death Actions › Section 21-5-9 - Worker's compensation law governs where applicable.

21-5-9. Worker's compensation law governs where applicable.
Where applicable the law relating to worker's compensation supersedes the provisions of this chapter.
Source:
RC 1919, §2932; SDC 1939 & Supp 1960, §37.2204.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 06 - Recovery Of Gambling Losses › Section 21-6-1 - Action by loser for recovery of losses--Persons liable--Limitation of actions.

21-6-1. Action by loser for recovery of losses--Persons liable--Limitation of actions.
Any person who shall lose any thing of value at any game, or by betting on any game, may recover the same or the value thereof from any other person playing at the game at which such thing was lost, or from the person with whom the bet was made, or from the proprietor of the place where the game was played, in a civil action, in which such proprietor and all persons engaged in the game may be joined as parties; provided that such action shall have been commenced within six months after the date of such loss.
Source:
SL 1907, ch 155, §§1, 4; RC 1919, §3927; SDC 1939, §24.0103.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 06 - Recovery Of Gambling Losses › Section 21-6-2 - Action by state's attorney for benefit of spouse, minor children or public schools.

21-6-2. Action by state's attorney for benefit of spouse, minor children or public schools.
In case the losing party fails to bring an action under §21-6-1 within the time allowed by said section, it shall be the duty of the state's attorney, at any time within six years from the date of the loss, to bring action to recover such thing, or the value thereof, for the benefit of the spouse or minor children of such party, or, in case there be no spouse or minor children, for the benefit of the public schools.
Source:
SL 1907, ch 155, §4; RC 1919, §3927; SDC 1939, §24.0103; SL 1979, ch 149, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 07 - Actions For Waste › Section 21-7-1 - Action for waste against conservator or tenant--Treble damages and eviction from premises.

21-7-1. Action for waste against conservator or tenant--Treble damages and eviction from premises.
If a conservator, tenant for life or years, joint tenant, or tenant in common of real property, commits waste thereon, any person aggrieved by the waste may bring an action against him, in which action there may be judgment for treble damages, forfeiture of the estate of the party offending, and eviction from the premises.
Source:
SDC 1939 & Supp 1960, §37.3601; SL 1993, ch 213, §97.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 07 - Actions For Waste › Section 21-7-2 - Extent of injury or malice required to justify forfeiture and eviction.

21-7-2. Extent of injury or malice required to justify forfeiture and eviction.
Judgment of forfeiture and eviction shall only be given in favor of the person entitled to the reversion, against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done maliciously.
Source:
CCivP 1877, §653; CL 1887, §5467; RCCivP 1903, §694; RC 1919, §2875; SDC 1939 & Supp 1960, §37.3602.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-1 - Kinds of injunctive relief.

21-8-1. Kinds of injunctive relief.
Relief by injunction is either temporary or permanent. Temporary injunctions may be referred to as interlocutory injunctions, and are either temporary restraining orders or preliminary injunctions. Permanent injunctions may be referred to as final injunctions.
Source:
CivC 1877, §2014; CL 1887, §4647; RCivC 1903, §2359; RC 1919, §2032; SDC 1939 & Supp 1960, §37.4301; SL 1978, ch 155, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-2 - Purposes for which injunction prohibited.

21-8-2. Purposes for which injunction prohibited.
An injunction cannot be granted:
(1)To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings;
(2)To stay proceedings in a court of the United States;
(3)To stay proceedings in another state upon a judgment of a court of that state;
(4)To prevent the execution of a public statute, by officers of the law, for public benefit;
(5)To prevent the breach of a contract, the performance of which would not be specifically enforced;
(6)To prevent the exercise of a public or private office in a lawful manner, by the person in possession;
(7)To prevent a legislative act by a municipal corporation;
(8)To enforce a penal law, except in case of nuisance or except when specifically authorized by statute;
(9)To enforce a penalty or forfeiture in any case.
Source:
CivC 1877, §§1990, 2017; CL 1887, §§4623, 4650; RCivC 1903, §§2335, 2362; RC 1919, §§2031, 2035; SDC 1939 & Supp 1960, §37.4302; SL 1978, ch 155, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-3 - Provisional writ abolished--Temporary restraining order and preliminary injunction substituted.

21-8-3. Provisional writ abolished--Temporary restraining order and preliminary injunction substituted.
The writ of injunction, as a provisional remedy, is abolished, and temporary restraining orders and preliminary injunctions by order are substituted therefor. A temporary restraining order or a preliminary injunction is obtained by order of the court.
Source:
CivC 1877, §2015; CCivP 1877, §188; CL 1887, §§4648, 4984; RCivC 1903, §2360; RCCivP 1903, §196; RC 1919, §§2033, 2423; SDC 1939 & Supp 1960, §§37.4301, 37.4304; SL 1978, ch 155, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-6 - Restraining order or preliminary injunction to prevent disposal of property during pendency of action.

21-8-6. Restraining order or preliminary injunction to prevent disposal of property during pendency of action.
When, during the pendency of an action, it appears by affidavit that a party to the action threatens, or is about to remove or dispose of his property, with intent to defraud his creditors, a temporary restraining order or preliminary injunction may be granted to restrain such removal or disposition.
Source:
CCivP 1877, §189, subdiv 3; CL 1887, §4985, subdiv 3; RCCivP 1903, §197, subdiv 3; RC 1919, §2424 (3); SDC 1939 & Supp 1960, §37.4304 (3); SL 1978, ch 155, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-7 - Notice required before restraining order or preliminary injunction to suspend corporate business.

21-8-7. Notice required before restraining order or preliminary injunction to suspend corporate business.
A temporary restraining order or preliminary injunction to suspend the general and ordinary business of a corporation must not be granted without due notice of the application therefor, to the proper officer of the corporation, except when the state is a party to the proceedings.
Source:
CCivP 1877, §194; CL 1887, §4990; RCCivP 1903, §202; RC 1919, §2429; SDC 1939 & Supp 1960, §37.4308; SL 1978, ch 155, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-9 - Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.

21-8-9. Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.
If a complaint or other pleading is served, it may, if sufficient, be used as part of or in lieu of the affidavit for a temporary restraining order or preliminary injunction, so far as applicable, but this shall not restrict such showing by affidavit as the applicant elects to make. A copy of the complaint or other pleading, if intended as part of the showing, and a copy of any affidavit, so intended, must be served with the restraining order or injunction.
Source:
CCivP 1877, §§190, 191; CL 1887, §§4986, 4987; RCCivP 1903, §§198, 199; RC 1919, §§2425, 2426; Supreme Court Rule 605, 1939; SDC 1939 & Supp 1960, §37.4305; SL 1978, ch 155, §13.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-12 - Order granting restraining order or preliminary injunction.

21-8-12. Order granting restraining order or preliminary injunction.
An order granting a temporary restraining order or preliminary injunction may be made by the court in which the action is brought, or by a judge thereof, and when made by a judge may be enforced as an order of the court.
Source:
CCivP 1877, §188; CL 1887, §4984; RCCivP 1903, §196; RC 1919, §2423; SDC 1939 & Supp 1960, §37.4304; SL 1978, ch 155, §16.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-14 - Circumstances permitting grant of permanent injunction.

21-8-14. Circumstances permitting grant of permanent injunction.
Except where otherwise provided by this chapter, a permanent injunction may be granted to prevent the breach of an obligation existing in favor of the applicant:
(1)Where pecuniary compensation would not afford adequate relief;
(2)Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief;
(3)Where the restraint is necessary to prevent a multiplicity of judicial proceedings; or
(4)Where the obligation arises from a trust.
Source:
CivC 1877, §2016; CL 1887, §4649; RCivC 1903, §2361; RC 1919, §2034; SDC 1939 & Supp 1960, §37.4303; SL 1978, ch 155, §18.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-15 - Permanent injunction by judgment or decree in civil action--Procedure.

21-8-15. Permanent injunction by judgment or decree in civil action--Procedure.
A permanent injunction is obtained by a judgment or decree in a civil action under the procedure applicable to all civil actions and subject to the limitations of this chapter or other applicable statutes.
Source:
SDC 1939 & Supp 1960, §37.4301; SL 1978, ch 155, §19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-16 - Judicial power to restrain or enjoin violations of obscenity laws.

21-8-16. Judicial power to restrain or enjoin violations of obscenity laws.
The circuit courts of this state and the judges thereof, may, upon application of the attorney general, or any state's attorney or city attorney within his respective jurisdiction, issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the obscenity and public decency laws of this state. Such restraining orders or injunctions may be issued to prevent any person from violating the obscenity and public decency laws of this state.
Source:
SL 1974, ch 165, §17; SDCL Supp, §22-24-52; SL 1978, ch 164, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-17 - Notice and trial before injunction to enforce obscenity laws--Orders to deliver and destroy obscene matter.

21-8-17. Notice and trial before injunction to enforce obscenity laws--Orders to deliver and destroy obscene matter.
Notwithstanding §21-8-16, no restraining order or injunction shall be issued without notice to the person sought to be enjoined. Such person shall be entitled to a trial of the issues within one day after the filing of his answer to the complaint, and a decision shall be rendered by the court within two days of the conclusion of the trial. If a final order or judgment of injunction is entered against the person sought to be enjoined, it shall contain a provision directing the person to surrender any obscene matter in his possession which is subject to the injunction, to the sheriff of the county in which the action was brought, and the sheriff shall be directed to seize and destroy such matter.
Source:
SL 1974, ch 165, §17; SDCL Supp, §22-24-53; SL 1978, ch 164, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 08 - Injunction › Section 21-8-18 - Sale of obscene matter to adults not to be enjoined--Destruction not ordered unless matter disseminated to minors.

21-8-18. Sale of obscene matter to adults not to be enjoined--Destruction not ordered unless matter disseminated to minors.
The final order or judgment of injunction shall not enjoin or prohibit a person from selling, distributing, or promoting matter which is harmful to minors, to persons other than minors, nor shall it order the seizure and destruction of matter harmful to minors unless the court finds that the person was selling, distributing, or promoting, or intends to sell, distribute, or promote such matter to minors.
Source:
SL 1974, ch 165, §22; SDCL Supp, §22-24-54; SL 1978, ch 164, §14.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 09 - Actions For Specific Performance › Section 21-9-1 - Performance may be compelled except as provided.

21-9-1. Performance may be compelled except as provided.
The specific performance of an obligation may be compelled, except as otherwise provided in the statutes relating to such remedy.
Source:
CivC 1877, §1994; CL 1887, §4627; RCivC 1903, §2339; RC 1919, §2010; SDC 1939 & Supp 1960, §37.4601.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 09 - Actions For Specific Performance › Section 21-9-2 - Obligations and agreements not specifically enforceable.

21-9-2. Obligations and agreements not specifically enforceable.
The following obligations cannot be specifically enforced:
(1)An obligation to render personal service;
(2)An obligation to employ another in personal service;
(3)An agreement to submit a controversy to arbitration except as authorized in the Uniform Arbitration Act;
(4)An agreement to perform an act which the party has not power lawfully to perform when required to do so;
(5)An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person;
(6)An agreement, the terms of which are not sufficiently certain, to make the precise act which is to be done clearly ascertainable.
Source:
CivC 1877, §1999; CL 1887, §4632; RCivC 1903, §2344; RC 1919, §2015; SDC 1939 & Supp 1960, §37.4602; SL 1971, ch 157, §26; SL 1979, ch 149, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 09 - Actions For Specific Performance › Section 21-9-3 - Unfair and unreasonable contracts not specifically enforceable.

21-9-3. Unfair and unreasonable contracts not specifically enforceable.
Specific performance cannot be enforced against a party to a contract in any of the following cases:
(1)If he has not received an adequate consideration for the contract;
(2)If it is not, as to him, just and reasonable;
(3)If his assent was obtained by misrepresentation, concealment, circumvention, or unfair practice of any party, to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled;
(4)If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced.
Source:
CivC 1877, §2000; CL 1887, §4633; RCivC 1903, §2345; RC 1919, §2016; SDC 1939 & Supp 1960, §37.4603.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 09 - Actions For Specific Performance › Section 21-9-4 - Mutuality of remedy or full performance by plaintiff required for specific performance.

21-9-4. Mutuality of remedy or full performance by plaintiff required for specific performance.
Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.
Source:
CivC 1877, §1995; CL 1887, §4628; RCivC 1903, §2340; RC 1919, §2011; SDC 1939 & Supp 1960, §37.4604.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 09 - Actions For Specific Performance › Section 21-9-5 - Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.

21-9-5. Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being fully compensated; in which case specific performance may be compelled, upon full compensation being made for the default.
Source:
CivC 1877, §2001; CL 1887, §4634; RCivC 1903, §2346; RC 1919, §2017; SDC 1939 & Supp 1960, §37.4605.