reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 63 - Aviation Product Liability › Section 21-63-12 - Evidence of advancements, changes, or subsequent measures.

21-63-12. Evidence of advancements, changes, or subsequent measures.
In an aviation product liability claim, the following evidence is not admissible for any purpose:
(1)Evidence of any advancements or changes in technical or other knowledge or techniques; in design theory or philosophy; in manufacturing or testing knowledge; in techniques or processes in labeling; or warning of risks or hazards; or, in instructions for the use of the aviation product, if the advancements or changes have been made, learned, or placed into common use subsequent to the time the aviation product in issue was designed, formulated, tested, manufactured, or sold by the manufacturer; and
(2)Evidence of any changes made in the designing, planning, formulating, testing, preparing, manufacturing, packaging, warning, labeling, or instructing for use of, or with regard to, the aviation product in issue, or any similar product, which any change was made subsequent to the time the aviation product in issue was designed, formulated, tested, manufactured, or sold by the manufacturer.
This section does not require the exclusion of evidence of a subsequent measure if offered to impeach a witness for the manufacturer or seller of an aviation product who has expressly denied the feasibility of such a measure.
Source:
SL 2011, ch 113, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-1 - Definitions.

21-64-1. Definitions.
Terms used in this chapter mean:
(1)"Commercial purpose," the use of an aspect of a personality's right of publicity in connection with a product, merchandise, goods, service, or commercial activity; for advertising or soliciting purchases of a product, merchandise, goods, service, or for promoting a commercial activity; or for the purpose of fund-raising;
(2)"Personality," a living or deceased natural person who is a citizen of this state, or who died domiciled in this state whose name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism identifies a specific person and has commercial value, whether or not the person uses or authorizes the use of the person's rights of publicity for a commercial purpose that serves to identify a specific person;
(3)"Right of publicity," a personality's property interest in the personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism.
Source:
SL 2015, ch 126, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-2 - Use of personality's right of publicity for commercial purpose without consent prohibited.

21-64-2. Use of personality's right of publicity for commercial purpose without consent prohibited.
No person may use any aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for seventy years after the death of the personality without the express written consent of the personality, or if the personality is deceased without the express written consent of the personality's next of kin or other person or entity that owns the right of publicity.
Source:
SL 2015, ch 126, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-3 - Application of chapter.

21-64-3. Application of chapter.
The provisions of this chapter apply to a personality who is deceased prior to July 1, 2015.
Source:
SL 2015, ch 126, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-4 - Termination of personality's right of publicity.

21-64-4. Termination of personality's right of publicity.
A personality's right of publicity terminates if the personality is deceased and there is no living next of kin of the personality and the personality has not assigned his or her rights.
Source:
SL 2015, ch 126, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-5 - Cause of action for violation of personality's right of publicity.

21-64-5. Cause of action for violation of personality's right of publicity.
The personality, or if the personality is deceased, the personality's next of kin or other owner of the right of publicity, has a cause of action for a violation of a personality's right of publicity against the person for any violation of §21-64-2. If the court finds a violation of §21-64-2, the court may order:
(1)Temporary or permanent injunctive relief;
(2)Damages in the amount of one thousand dollars or the actual damages, including profits derived from the unauthorized use, whichever amount is greater;
(3)In determining a defendant's profits, the plaintiff is required to prove the gross revenue attributable to the unauthorized use, and the defendant is required to prove properly deductible expenses; and
(4)If the court finds that the violation of §21-64-2 was knowing, willful, or intentional, treble, but not computed on the defendant's profits, or punitive damages, as the plaintiff elects.
Source:
SL 2015, ch 126, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-6 - Permitted uses of personality's right of publicity.

21-64-6. Permitted uses of personality's right of publicity.
The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms in any:
(1)Literary work, theatrical work, musical composition, audio visual work, film, radio, or television program;
(2)Material that has political or newsworthy value;
(3)Original work of fine art;
(4)Promotional material or advertisement, for a news reporting or entertainment medium, that uses all or part of a past edition of the medium's original broadcast and does not convey or suggest that the personality endorses the news reporting or entertainment medium;
(5)An advertisement of commercial announcement for a use described in this section; and
(6)Any use of a right of publicity before December 31, 2014.
Source:
SL 2015, ch 126, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-7 - Permitted use of name to truthfully identify personality as author or performer.

21-64-7. Permitted use of name to truthfully identify personality as author or performer.
The provisions of this chapter do not apply to the use of a personality's name to truthfully identify the personality as the author of a written work or a performer of a recorded performance if the written work or recorded performance is otherwise rightfully reproduced, exhibited, or broadcast.
Source:
SL 2015, ch 126, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-8 - Permitted use in connection with broadcast or reporting of event or topic of public interest.

21-64-8. Permitted use in connection with broadcast or reporting of event or topic of public interest.
The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism in connection with a broadcast or reporting of an event or a topic of general or public interest including unauthorized biographies.
Source:
SL 2015, ch 126, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-9 - Permitted use where commercial value results from formal charges or conviction of crime.

21-64-9. Permitted use where commercial value results from formal charges or conviction of crime.
The provisions of this chapter do not apply to a personality whose name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism has commercial value solely because the personality has been formally charged with or convicted of a crime.
Source:
SL 2015, ch 126, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-10 - Registration prerequisite to recovery by successor in interest.

21-64-10. Registration prerequisite to recovery by successor in interest.
A successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may not recover damages or equitable relief for a use prohibited pursuant to this chapter that occurs before the successor in interest registers a claim of right of publicity pursuant to §21-64-11.
Source:
SL 2015, ch 126, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-11 - Registration of claim of right of publicity by successor in interest--Posting on secretary of state's website.

21-64-11. Registration of claim of right of publicity by successor in interest--Posting on secretary of state's website.
Any person claiming to be a successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a one hundred dollar filing fee to the secretary of state. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed.
Upon receipt and after filing of any document pursuant to this section, the secretary of state shall post the document along with the entire registry of persons claiming to be a successor in interest to the right of publicity of a deceased personality or a registered licensee pursuant to this section on the secretary of state's website.
The secretary of state may microfilm or reproduce by other technique, any filing or document filed pursuant to this section and may then destroy the original filing or document. The secretary of state may destroy the microfilm or other reproduction of the filing or document seventy years after the death of the personality named therein.
A claim registered pursuant to this section is a public record.
Source:
SL 2015, ch 126, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity › Section 21-64-12 - Exclusive remedy.

21-64-12. Exclusive remedy.
The provisions of this chapter constitute the sole and exclusive bases regarding a misappropriation of name, image, or likeness of a personality and the personality's right of publicity, and any remedy for a violation of such rights.
Source:
SL 2015, ch 126, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-2 - Petition for relief from vulnerable adult abuse--Affidavit--Contents.

21-65-2. Petition for relief from vulnerable adult abuse--Affidavit--Contents.
A vulnerable adult or a substitute petitioner may seek relief from vulnerable adult abuse by filing a petition and affidavit in the circuit court or in a magistrate court with a magistrate judge presiding. Venue is where either party resides. The petition and affidavit shall include all of the following:
(1)The name of the vulnerable adult and the name and address of the vulnerable adult's attorney, if any. If the vulnerable adult is proceeding pro se, the petition shall include a mailing address for the vulnerable adult;
(2)The name of the substitute petitioner if the petition is being filed on behalf of a vulnerable adult, and the name and address of the attorney of the substitute petitioner. If the substitute petitioner is proceeding pro se, the petition shall include a mailing address for the substitute petitioner;
(3)The name and address, if known, of the respondent;
(4)The relationship of the vulnerable adult to the respondent;
(5)The nature of the alleged vulnerable adult abuse, including specific facts and circumstances of the abuse;
(6)The name and age of any other individual whose welfare may be affected; and
(7)The desired relief, including a request for temporary or emergency orders. A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. However, if there is any other lawsuit, complaint, petition, or other action pending between the parties, any new petition made pursuant to this section shall be made to the judge previously assigned to the pending lawsuit, petition, or other action, unless good cause is shown for the assignment of a different judge.
If a petition for a protection order alleging the existence of vulnerable adult abuse is filed with the court pursuant to this section and if the court, upon an initial review, determines that the allegations do not support the existence of vulnerable adult abuse, but that the allegations do support the existence of stalking or physical injury pursuant to §22-19A-8 or domestic abuse pursuant to §25-10-3, the court may hear and act upon the petition as though the petition had been filed under §22-19A-8 or §25-10-3 and subject to the provisions of the respective chapters.
Source:
SL 2016, ch 120, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-3 - Ex parte temporary protection order.

21-65-3. Ex parte temporary protection order.
If an affidavit filed with a petition under §21-65-2 alleges that the vulnerable adult is in present danger of vulnerable adult abuse before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and grant relief as the court deems proper, including an order:
(1)Restraining any person from committing vulnerable adult abuse; and
(2)Excluding any person from the dwelling or the residence of the vulnerable adult.
Source:
SL 2016, ch 120, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-4 - Rights of vulnerable adult in action brought by substitute petitioner.

21-65-4. Rights of vulnerable adult in action brought by substitute petitioner.
If a substitute petitioner files a petition pursuant to §21-65-2 on behalf of a vulnerable adult, the vulnerable adult retains the right to all of the following:
(1)To contact and retain counsel;
(2)To have access to personal records;
(3)To file objections to the protection order;
(4)To request a hearing on the petition; and
(5)To present evidence and cross-examine witnesses at the hearing.
Source:
SL 2016, ch 120, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-5 - Forms for pro se actions.

21-65-5. Forms for pro se actions.
By July 1, 2016, the Unified Judicial System shall prescribe standard forms to be used by a vulnerable adult or substitute petitioner seeking a protection order by proceeding pro se in an action pursuant to this chapter.
The clerk of the circuit court shall furnish the required forms to any person seeking a protection order through pro se proceedings pursuant to this chapter.
Source:
SL 2016, ch 120, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-6 - Guardian ad litem.

21-65-6. Guardian ad litem.
Pursuant to §15-6-17(c), the court may on its own motion or on the motion of a party appoint a guardian ad litem for a vulnerable adult if justice requires. The vulnerable adult's attorney may not also serve as the guardian ad litem.
Source:
SL 2016, ch 120, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-7 - Hearing on petition--Service of process.

21-65-7. Hearing on petition--Service of process.
Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless the court grants a continuance for good cause. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.
Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
The court shall exercise its discretion in a manner that protects the vulnerable adult from traumatic confrontation with the respondent.
Hearings shall be recorded.
Upon application, notice to all parties, and hearing, the court may modify the terms of an existing protection order.
Source:
SL 2016, ch 120, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-8 - Continuance of ex parte temporary protection order.

21-65-8. Continuance of ex parte temporary protection order.
An ex parte temporary protection order is effective for a period of thirty days except as provided in §21-65-9 unless the court grants a continuance for good cause. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:
(1)The parties stipulate to an additional continuance; or
(2)The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. The ex parte order shall be served without delay under the circumstances of the case including service of the ex parte order on a Sunday or holiday. The law enforcement agency serving the order shall notify the petitioner by telephone or written correspondence when the order is served if the petitioner has provided to the law enforcement agency either a telephone number or address, or both, where the petitioner may be contacted. The law enforcement agency and any officer of the law enforcement agency is immune from civil and criminal liability if the agency or the officer makes a good faith attempt to notify the petitioner in a manner consistent with the provisions of this section.
Source:
SL 2016, ch 120, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-9 - Temporary protection order effective until protection order served.

21-65-9. Temporary protection order effective until protection order served.
If an ex parte temporary protection order is in effect and the court issues a protection order pursuant to this chapter, the ex parte temporary protection order remains effective until the order issued pursuant to this chapter is served on the respondent.
Source:
SL 2016, ch 120, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-10 - Persons who may make showing for protection order.

21-65-10. Persons who may make showing for protection order.
The showing required pursuant to §21-65-11 may be made by any of the following:
(1)The vulnerable adult;
(2)The guardian, conservator, attorney-in-fact, or guardian ad litem of the vulnerable adult;
(3)A witness to the vulnerable adult abuse; or
(4)An adult protective services worker who has conducted an investigation.
Source:
SL 2016, ch 120, §12; SL 2020, ch 214, § 47.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-11 - Relief available for vulnerable adult abuse.

21-65-11. Relief available for vulnerable adult abuse.
Upon a finding by a preponderance of the evidence that vulnerable adult abuse has occurred, the court may order any of the following:
(1)That the respondent be required to move from the residence of the vulnerable adult if both the vulnerable adult and the respondent are titleholders or contract holders of record of the real property, are named as tenants in the rental agreement concerning the use and occupancy of the dwelling unit, are living in the same residence, or are married to each other;
(2)That the respondent provide suitable alternative housing for the vulnerable adult;
(3)That a peace officer accompany the party who is leaving or has left the party's residence to remove essential personal effects of the party;
(4)That the respondent be restrained from vulnerable adult abuse;
(5)That the respondent be restrained from entering or attempting to enter on any premises when it appears to the court that restraint is necessary to prevent the respondent from committing vulnerable adult abuse;
(6)That the respondent be restrained from exercising any powers on behalf of the vulnerable adult through a court-appointed guardian, conservator, or guardian ad litem, an attorney-in-fact, or another third party; and
(7)In addition to the relief provided in §21-65-12, other relief that the court considers necessary to provide for the safety and welfare of the vulnerable adult.
Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.
Source:
SL 2016, ch 120, §13; SL 2020, ch 214, § 48.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-12 - Relief available for financial exploitation.

21-65-12. Relief available for financial exploitation.
If the court finds that the vulnerable adult has been the victim of financial exploitation, the court may order the relief the court considers necessary to prevent or remedy the financial exploitation, including any of the following:
(1)Directing the respondent to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the vulnerable adult;
(2)Requiring the respondent to return custody or control of the funds, benefits, property, resources, belongings, or assets to the vulnerable adult;
(3)Requiring the respondent to follow the instructions of the guardian, conservator, or attorney-in-fact of the vulnerable adult; and
(4)Prohibiting the respondent from transferring the funds, benefits, property, resources, belongings, or assets of the vulnerable adult to any person other than the vulnerable adult.
Source:
SL 2016, ch 120, §14; SL 2020, ch 214, § 49.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-13 - Limitations on protection order.

21-65-13. Limitations on protection order.
The court may not use an order issued pursuant to this chapter to do any of the following:
(1)To allow any person other than the vulnerable adult to assume responsibility for the funds, benefits, property, resources, belongings, or assets of the vulnerable adult; or
(2)For relief that is more appropriately obtained in a proceeding filed pursuant to chapter 29A-5 including giving control and management of the funds, benefits, property, resources, belongings, or assets of the vulnerable adult to a conservator for any purpose other than the relief granted pursuant to §21-65-12.
Source:
SL 2016, ch 120, §15.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-14 - Term of protection order--Amendment or extension.

21-65-14. Term of protection order--Amendment or extension.
A protection order shall be for a fixed period of time not to exceed five years. The court may amend or extend an order at any time upon a petition filed by either party and after notice and a hearing. The court may extend an order if the court, after a hearing at which the respondent has the opportunity to be heard, finds that the respondent continues to pose a threat to the safety of the vulnerable adult, a person residing with the vulnerable adult, or a member of the vulnerable adult's immediate family, or continues to present a risk of financial exploitation of the vulnerable adult. The number of extensions that the court may grant is not limited.
Source:
SL 2016, ch 120, §16.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-15 - Attorney's fees and court costs.

21-65-15. Attorney's fees and court costs.
The court may order that the respondent pay the attorney's fees and court costs of the vulnerable adult and substitute petitioner.
Source:
SL 2016, ch 120, §17.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-17 - Delivery of protection order to law enforcement.

21-65-17. Delivery of protection order to law enforcement.
The petitioner may deliver an order within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the vulnerable adult. Each law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to this chapter.
Source:
SL 2016, ch 120, §19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-18 - Right to relief unaffected by leaving home to avoid abuse.

21-65-18. Right to relief unaffected by leaving home to avoid abuse.
The petitioner's right to relief under this chapter is not affected by the vulnerable adult leaving home to avoid vulnerable adult abuse.
Source:
SL 2016, ch 120, §20.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 65 - Protection Of Vulnerable Adults › Section 21-65-19 - Protection order--Violation--Penalty.

21-65-19. Protection order--Violation--Penalty.
If a temporary protection order or a protection order is granted pursuant to this chapter and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.
If the acts constituting a violation of this section also constitute an assault, as defined in §22-18-1, the violation of this section is a Class 6 felony.
If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, §22-19A-16, or §25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.
Any proceeding under this chapter is in addition to other civil or criminal remedies.
Source:
SL 2020, ch 76, § 1; SL 2021, ch 90, § 1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-1 - Definitions .

21-66-1.Definitions.
Terms used in this chapter mean:
(1)"Asbestos," chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, or any of these minerals that have been chemically treated or altered, including any mineral defined as asbestos in 29 C.F. R. §1910 at the time an asbestos action is filed;
(2)"Asbestos action," a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance, and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term does not include a claim for workers' compensation or veterans' benefits;
(3)"Asbestos trust," a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. §524(g) or 11 U.S.C. §1121(a) or any other law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos;
(4)"Plaintiff," any person who brings an asbestos action, including a personal representative for any asbestos action that is brought by an estate, or a conservator or next friend for any asbestos action that is brought on behalf of a minor or a legally incapacitated person;
(5)"Trust claims material," any final executed proof of claim, any other document or information submitted to an asbestos trust, including a claim form or supplementary material, affidavit, deposition or trial testimony, work history, medical or health record, document reflecting the status of a claim against an asbestos trust, or if the trust claim has settled, any document submitted to or received from an asbestos trust relating to the settlement of the trust claim; and
(6)"Trust governance document," any document that relates to eligibility or payment levels, including a claims payment matrix, trust distribution procedure, or plan for reorganization, for an asbestos trust.
Source:
SL 2017, ch 94, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-2 - Sworn statement identifying asbestos trust claims to be provided to parties.

21-66-2. Sworn statement identifying asbestos trust claims to be provided to parties.
Not more than one hundred twenty days prior to the date set for trial for each asbestos action filed in this state, the plaintiff shall provide each party with a sworn statement identifying any asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf, including a claim regarding asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust.
Source:
SL 2017, ch 94, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-3 - Contents of sworn statement.

21-66-3. Contents of sworn statement.
For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement under §21-66-2, the statement shall include:
(1)The name, address and contact information for the asbestos trust, the amount claimed or to be claimed by the plaintiff, the date the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend, or toll the claim; and
(2)An attestation from the plaintiff, under penalty of perjury, that the sworn statement is complete and based on a good faith investigation of any potential claim against an asbestos trust.
Source:
SL 2017, ch 94, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-4 - Availability of trust claims material--Supplementation .

21-66-4. Availability of trust claims material--Supplementation.
The plaintiff shall make available to each party any trust claims material for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease. The plaintiff shall supplement the information and material provided pursuant to this section within ninety days after the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim, or receives additional information or material related to any claim or potential claim against an asbestos trust. Failure by the plaintiff to make available to all parties any trust claims material required under this section constitutes grounds for the court to extend the trial date in an asbestos action.
Source:
SL 2017, ch 94, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-5 - Admissibility of trust claims material and trust governance document--Discovery.

21-66-5. Admissibility of trust claims material and trust governance document--Discovery.
Every trust claims material or trust governance document is presumed to be relevant and authentic and is admissible in evidence. Claims of privilege do not apply to any trust claims material or trust governance document. A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information or material sought by a defendant.
Source:
SL 2017, ch 94, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-6 - Grounds for stay of action .

21-66-6. Grounds for stay of action.
A court shall stay an asbestos action if the court finds that the plaintiff has failed to make any disclosure required under this chapter within one hundred twenty days before the trial date. If, in any disclosure required under this chapter, a plaintiff identifies a potential asbestos trust claim, the judge may stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with any trust claims material for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.
Source:
SL 2017, ch 94, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-7 - Conference regarding additional trust claim--Motion for order to file asbestos trust claim.

21-66-7. Conference regarding additional trust claim--Motion for order to file asbestos trust claim.
If, not less than ninety days before trial, a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff may file, the defendant shall confer with the plaintiff regarding any additional asbestos trust claim that may be filed by the plaintiff. The defendant may move the court for an order to require the plaintiff to file any additional asbestos trust claim following the meeting under this section. The defendant shall produce or describe any documentation the defendant possesses or of which the defendant is aware in support of the motion.
Source:
SL 2017, ch 94, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-8 - Response to motion for order to file asbestos trust claim .

21-66-8. Response to motion for order to file asbestos trust claim.
Within ten days following receipt of the defendant's motion under §21-66-7, the plaintiff shall for each asbestos trust claim identified by the defendant:
(1)File the asbestos trust claim;
(2)File a written response with the court setting forth any reason why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or
(3)File a written response with the court requesting a determination that the plaintiff's expenses, or attorney's fees and expenses, to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.
Source:
SL 2017, ch 94, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-9 - Court order regarding filing of additional asbestos trust claim.

21-66-9. Court order regarding filing of additional asbestos trust claim.
If the court determines that there is sufficient basis for the plaintiff to file an additional asbestos trust claim identified by the defendant pursuant to §21-66-7, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with any trust claims material within thirty days before the trial date. If the court determines that the plaintiff's expenses, or attorney's fees and expenses, to prepare and file the asbestos trust claim identified in the defendant's motion under §21-66-7 exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides each party with a verified statement of the plaintiff's history of exposure, usage, or any other connection to asbestos covered by the asbestos trust.
Source:
SL 2017, ch 94, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-10 - Admissibility of unresolved asbestos trust claim.

21-66-10. Admissibility of unresolved asbestos trust claim.
If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered relevant and admissible evidence.
Source:
SL 2017, ch 94, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 66 - Asbestos Trust Claims › Section 21-66-11 - Sanctions for failure to provide required information .

21-66-11. Sanctions for failure to provide required information.
A plaintiff who fails to provide any information required under this chapter is subject to a sanction as provided in the South Dakota Rules of Civil Procedure and any other relief for a defendant that the court considers just and proper.
Source:
SL 2017, ch 94, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-1 - Short title.

21-67-1. Short title.
This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
Source:
SL 2020, ch 77, § 1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-2 - Definitions.

21-67-2. Definitions.
Terms used in this chapter mean:
(1)"Consent," affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization;
(2)"Depicted individual," an individual whose body is shown in whole or in part in an intimate image;
(3)"Disclosure," transfer, publication, or distribution to another person. Disclose has a corresponding meaning;
(4)"Identifiable," recognizable by a person other than the depicted individual:
(A)From an intimate image itself; or
(B)From an intimate image and identifying characteristic displayed in connection with the intimate image;
(5)"Identifying characteristic," information that may be used to identify a depicted individual;
(6)"Individual," a human being;
(7)"Intimate image," a photograph, film, video recording, or other similar medium that shows:
(A)The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or
(B)A depicted individual engaging in or being subjected to sexual conduct;
(8)"Person," an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;
(9)"Sexual conduct," includes:
(A)Masturbation;
(B)Genital, anal, or oral sex;
(C)Sexual penetration of, or with, an object;
(D)Bestiality; or
(E)The transfer of semen onto a depicted individual.
Source:
SL 2020, ch 77, § 2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-3 - Intentional disclosure of intimate images--Civil action.

21-67-3. Intentional disclosure of intimate images--Civil action.
(a)In this section:
(1)"Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
(2)"Private" means:
(A)Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or
(B)Made accessible through robbery, theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.
(b)Except as otherwise provided in §21-67-4, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew, or acted with reckless disregard for whether:
(1)The depicted individual did not consent to the disclosure;
(2)The intimate image was private; and
(3)The depicted individual was identifiable.
(c)The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:
(1)Consent to creation of the image; or
(2)Previous consensual disclosure of the image.
(d)A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
Source: SL 2020, ch 77, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-4 - Exceptions to liability.

21-67-4. Exceptions to liability.
(a)In this section:
(1)"Child" means an unemancipated individual who is less than eighteen years of age;
(2)"Parent" means an individual recognized as a parent under law of this state other than this chapter.
(b)A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was:
(1)Made in good faith in:
(A)Law enforcement;
(B)A legal proceeding; or
(C)Medical education or treatment;
(2)Made in good faith in the reporting or investigation of:
(A)Unlawful conduct; or
(B)Unsolicited and unwelcome conduct;
(3)Related to a matter of public concern or public interest; or
(4)Reasonably intended to assist the depicted individual.
(c)Subject to subsection (d), a defendant who is a parent, legal guardian, or custodian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in §21-67-2, of the child.
(d)If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was:
(1)Prohibited by law other than this chapter; or
(2)Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e)Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
Source:
SL 2020, ch 77, § 4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-5 - Plaintiff privacy.

21-67-5. Plaintiff privacy.
In an action under this chapter:
(1)The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under §15-15-11;
(2)A plaintiff to whom paragraph (1) applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff’s name and other identifying characteristics; and
(3)The court may make further orders as necessary to protect the identity and privacy of a plaintiff.
Source:
SL 2020, ch 77, § 5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-6 - Remedies.

21-67-6. Remedies.
(a)In an action under this chapter, a prevailing plaintiff may recover:
(1)The greater of:
(A)Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or
(B)Statutory damages not to exceed ten thousand dollars against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this subsection, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors;
(2)An amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
(3)Punitive damages as allowed by §21-3-2.
(b)In an action under this chapter, the court may award a prevailing plaintiff:
(1)Attorney's fees and costs as allowed by §15-6-54(d); and
(2)Additional relief, including injunctive relief.
(c)This chapter does not affect a right or remedy available under law of this state other than this chapter.
Source:
SL 2020, ch 77, § 6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-7 - Statute of limitations.

21-67-7. Statute of limitations.
(a) An action under §21-67-3 for:
(1)An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and
(2)A threat to disclose may not be brought later than six years from the date of the threat to disclose.
(b) This chapter is subject to §15-2-22.
Source:
SL 2020, ch 77, § 7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-8 - Construction.

21-67-8. Construction.
This chapter shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S. C. Section 230.
Source:
SL 2020, ch 77, § 8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 67 - Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act › Section 21-67-9 - Uniformity of application and construction.

21-67-9. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source:
SL 2020, ch 77, § 9.