reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-7 - Stay of judicial proceedings on arbitrable issue--Severance of issues.

21-25A-7. Stay of judicial proceedings on arbitrable issue--Severance of issues.
Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under §21-25A-5 or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
Source:
SL 1971, ch 157, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-8 - Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of application.

21-25A-8. Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of application.
On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under §21-25A-5, the application shall be made therein. Otherwise and subject to §21-25A-34, the application may be made in any court of competent jurisdiction.
Source:
SL 1971, ch 157, §2; SL 1976, ch 155, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-9 - Appointment of arbitrators according to agreement--Appointment by court.

21-25A-9. Appointment of arbitrators according to agreement--Appointment by court.
Except as provided by chapter 21-25B, if the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
Source:
SL 1971, ch 157, §3; SL 1976, ch 155, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-10 - Arbitrators acting by majority.

21-25A-10. Arbitrators acting by majority.
The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter.
Source:
SL 1971, ch 157, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-11 - Time and place of hearing--Notice to parties--Waiver of notice.

21-25A-11. Time and place of hearing--Notice to parties--Waiver of notice.
Unless otherwise provided by the agreement, the arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail not less than five days before the hearing. Appearance at the hearing waives such notice.
Source:
SL 1971, ch 157, §5 (1); SL 1987, ch 29, §26.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-12 - Subpoenas issued by arbitrators--Service and enforcement.

21-25A-12. Subpoenas issued by arbitrators--Service and enforcement.
The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
Source:
SL 1971, ch 157, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-13 - Depositions permitted by arbitrators--Compelling testimony.

21-25A-13. Depositions permitted by arbitrators--Compelling testimony.
On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. All provisions of law compelling a person under subpoena to testify are applicable.
Source:
SL 1971, ch 157, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-14 - Hearing by all arbitrators--Continuation when arbitrator ceases to act.

21-25A-14. Hearing by all arbitrators--Continuation when arbitrator ceases to act.
Unless otherwise provided by the agreement, the hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Source:
SL 1971, ch 157, §5 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-15 - Evidence presented by parties--Cross-examination.

21-25A-15. Evidence presented by parties--Cross-examination.
Unless otherwise provided by the agreement, the parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
Source:
SL 1971, ch 157, §5 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-16 - Right to representation by counsel--Waiver ineffective.

21-25A-16. Right to representation by counsel--Waiver ineffective.
A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective.
Source:
SL 1971, ch 157, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-17 - Adjournment or postponement of hearing--Failure of party to appear--Court order to proceed promptly.

21-25A-17. Adjournment or postponement of hearing--Failure of party to appear--Court order to proceed promptly.
Unless otherwise provided by the agreement, the arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
Source:
SL 1971, ch 157, §5 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-18 - Witness fees.

21-25A-18. Witness fees.
Fees for attendance as a witness shall be the same as for a witness in the circuit courts of this state.
Source:
SL 1971, ch 157, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-19 - Time for making award--Extension of time.

21-25A-19. Time for making award--Extension of time.
An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
Source:
SL 1971, ch 157, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-20 - Award in writing--Delivery to parties.

21-25A-20. Award in writing--Delivery to parties.
The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, or as provided in the agreement.
Source:
SL 1971, ch 157, §8; SL 1987, ch 29, §27.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-21 - Modification or correction of award--Application--Notice.

21-25A-21. Modification or correction of award--Application--Notice.
On application of a party or, if an application to the court is pending under §§21-25A-23 to 21-25A-30, inclusive, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in subdivisions 21-25A-28(1) and (3), for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of §§21-25A-23 to 21-25A-30, inclusive.
Source:
SL 1971, ch 157, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-22 - Payment of expenses of proceedings.

21-25A-22. Payment of expenses of proceedings.
Except as provided in §§21-25B-22 and 21-25B-25, unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the award.
Source:
SL 1971, ch 157, §10; SL 1976, ch 155, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-23 - Judicial confirmation of award.

21-25A-23. Judicial confirmation of award.
Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§21-25A-24 to 21-25A-30, inclusive.
Source:
SL 1971, ch 157, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-24 - Grounds for vacation of award.

21-25A-24. Grounds for vacation of award.
Upon application of a party, the court shall vacate an award where:
(1)The award was procured by corruption, fraud, or other undue means;
(2)There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3)The arbitrators exceeded their powers;
(4)The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of §§21-25A-11 to 21-25A-17, inclusive, as to prejudice substantially the rights of a party;
(5)There was no arbitration agreement and the issue was not adversely determined in proceedings under §§21-25A-5 to 21-25A-8, inclusive, and the party did not participate in the arbitration hearing without raising the objection; or
(6)Conduct of a hearing officer which would prejudice substantially the rights of a party; provided that, the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
Source:
SL 1971, ch 157, §12; SL 1976, ch 155, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-25 - Time for application to vacate award.

21-25A-25. Time for application to vacate award.
An application under §21-25A-24 shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, or other undue means, it shall be made within ninety days after such grounds are known or should have been known, but in no case more than one year after delivery of a copy of the award to the applicant.
Source:
SL 1971, ch 157, §13; SL 1976, ch 155, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-26 - Confirmation of award on denial of application to vacate.

21-25A-26. Confirmation of award on denial of application to vacate.
If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
Source:
SL 1971, ch 157, §13.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-27 - Rehearing ordered after vacation of award--Time allowed for award on rehearing.

21-25A-27. Rehearing ordered after vacation of award--Time allowed for award on rehearing.
In vacating the award on grounds other than stated in subdivision 21-25A-24(5), the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with §21-25A-9, or, if the award is vacated on grounds set forth in subdivisions 21-25A-24(3) and (4) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with §21-25A-9. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
Source:
SL 1971, ch 157, §13.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-28 - Grounds for modification or correction of award.

21-25A-28. Grounds for modification or correction of award.
Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
(1)There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;
(2)The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3)The award is imperfect in a matter of form, not affecting the merits of the controversy.
Source:
SL 1971, ch 157, §14.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-29 - Alternative application to modify, correct, or vacate.

21-25A-29. Alternative application to modify, correct, or vacate.
An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Source:
SL 1971, ch 157, §14.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-30 - Confirmation of award after determining application to correct or modify.

21-25A-30. Confirmation of award after determining application to correct or modify.
If the application to modify or correct an award is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
Source:
SL 1971, ch 157, §14.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-31 - Judgment or decree on confirmed award--Costs.

21-25A-31. Judgment or decree on confirmed award--Costs.
Upon the granting of an order confirming, modifying, or correcting an award, judgment, or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and the proceedings subsequent thereto, and disbursements may be awarded by the court.
Source:
SL 1971, ch 157, §15.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-32 - Filing and docketing of judgment or decree.

21-25A-32. Filing and docketing of judgment or decree.
On entry of judgment or decree, the clerk shall file the following:
(1)The agreement and each written extension of the time within which to make the award;
(2)The award;
(3)The order confirming, modifying, or correcting the award; and
(4)The judgment or decree.
The judgment or decree may be docketed as if rendered in an action.
Source:
SL 1971, ch 157, §16; SL 1990, ch 149, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-33 - Applications by motion--Service of notices.

21-25A-33. Applications by motion--Service of notices.
Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in a civil action.
Source:
SL 1971, ch 157, §17.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-34 - Venue of applications.

21-25A-34. Venue of applications.
An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application.
Source:
SL 1971, ch 157, §19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-35 - Appeals from orders, judgments, and decrees.

21-25A-35. Appeals from orders, judgments, and decrees.
An appeal may be taken from:
(1)An order denying an application to compel arbitration made under §21-25A-5;
(2)An order granting an application to stay arbitration made under §21-25A-8;
(3)An order confirming or denying confirmation of an award;
(4)An order modifying or correcting an award;
(5)An order vacating an award without directing a rehearing; or
(6)A judgment or decree entered pursuant to the provisions of this chapter.
The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
Source:
SL 1971, ch 157, §20.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-36 - Uniformity of construction of chapter.

21-25A-36. Uniformity of construction of chapter.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source:
SL 1971, ch 157, §22.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25A - Enforcement Of Arbitration Agreements › Section 21-25A-37 - Severability of provisions.

21-25A-37. Severability of provisions.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source:
SL 1971, ch 157, §23.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-1 - Services covered by arbitration agreements between hospitals or physicians and patients--Termination as to future services--Effect.

21-25B-1. Services covered by arbitration agreements between hospitals or physicians and patients--Termination as to future services--Effect.
Voluntary agreements pursuant to §21-25A-1 between hospitals or physicians and patients relating to services provided to the patient may, by their terms, provide for past and future services by and between the parties to the agreement; provided, however, that any party to such an agreement may terminate it as to future services by giving written notice to all other parties thereto, and such termination shall in no way affect or alter the arbitration of controversies arising as to services rendered prior to the giving of such notice.
Source:
SDCL, §21-25A-1 as added by SL 1976, ch 155, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-2 - Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.

21-25B-2. Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.
Natural parents having custody of a minor child and personal representatives of an estate, or a guardian or conservator for a ward may, notwithstanding other statutes to the contrary, enter into a binding arbitration agreement on behalf of the person, estate, beneficiary, ward or heirs at law that they represent for the purposes of this chapter only; and, such natural parents having custody of a minor child and personal representatives of an estate and guardian or conservator are not liable to the person, estate, beneficiary or heirs at law for entering into such binding arbitration agreement.
Source:
SL 1976, ch 155, §26; SL 1993, ch 213, §101; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-3 - Warning clause required in arbitration agreement.

21-25B-3. Warning clause required in arbitration agreement.
The arbitration agreement between hospitals or physicians and patients shall contain the following provision in twelve-point boldface type immediately above the space for signature of the parties: The agreement to arbitrate is not a prerequisite to health care or treatment. By signing this contract you are agreeing to have any issue of medical malpractice decided by neutral arbitration and you are giving up your right to a jury or court trial.
Source:
SDCL, §21-25A-1 as added by SL 1976, ch 155, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-4 - Health care services arbitration panel created--Composition--Terms--Selection--Replacements.

21-25B-4. Health care services arbitration panel created--Composition--Terms--Selection--Replacements.
There is hereby created a health care services arbitration panel. The president of the State Bar of South Dakota shall select fifteen lawyers to serve on the panel. Each lawyer selected shall serve a three-year term. The president of the State Medical Association shall select fifteen physicians licensed by the State Board of Medical and Osteopathic Examiners in the same manner, and the president of the State Hospital Association shall also select fifteen members in the same manner. When a panel member's term expires he shall continue to serve until a replacement is named.
Source:
SL 1976, ch 155, §§8, 9; SL 1984, ch 160, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-5 - Health care services arbitration account created--Payment required of claimant prior to commencement of arbitration action--Credit to account.

21-25B-5. Health care services arbitration account created--Payment required of claimant prior to commencement of arbitration action--Credit to account.
There is hereby created a health care services arbitration account of the general fund in the state treasurer's office. Prior to the commencement of any arbitration action before the health care services arbitration panel, the claimant shall remit the sum of one hundred dollars to the state treasurer who shall credit such funds to the health care services arbitration account.
Source:
SL 1976, ch 155, §§8, 18.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-6 - Institution of claim--Written statement and receipt--Contents of statement.

21-25B-6. Institution of claim--Written statement and receipt--Contents of statement.
A claimant shall institute his claim by filing a written statement of his case with the presiding judge of the circuit court in which the controversy occurred along with a receipt showing that the one hundred dollars has been paid to the health care services arbitration account. These statements may be informal in nature but shall set forth the pertinent facts and claims upon which responsibility or lack of responsibility is alleged, and shall specify all injuries for which the defendant is alleged to be responsible. The statement shall also set forth the amount of damages claimed by the claimant, including loss of wages and payments for medical expenditures.
Source:
SL 1976, ch 155, §19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-7 - Joinder of subrogee--Segregation of damages or costs.

21-25B-7. Joinder of subrogee--Segregation of damages or costs.
Any subrogee of a patient or anyone claiming by or through the patient who has entered into an arbitration agreement under this chapter may join their claim with that of such patient with the same force and effect as though brought by such patient and in any award or judgment based thereon or by separate award and judgment the damages or costs may be segregated between such party and the patient as the arbitration panel shall determine.
Source:
SL 1976, ch 155, §27.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-8 - Time for commencement of claims--Time for commencement of action in circuit court.

21-25B-8. Time for commencement of claims--Time for commencement of action in circuit court.
Claims filed with the health care services arbitration panel may be commenced only within the time prescribed for actions for medical malpractice, error, mistake, or failure to cure, but if the circuit court determines that the matter is not one to be heard by the panel, the claimant shall have thirty days from the date of the decision of the court, or the time remaining under the limitation of action provisions for medical, error, mistake, or failure to cure, whichever is longer, to commence an action in circuit court.
Source:
SL 1976, ch 155, §25.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-9 - Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.

21-25B-9. Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.
Any person who files a claim pursuant to the provisions of §21-25B-6 cannot thereafter petition the court to set aside the arbitration agreement. The defendant in any claim may file an application under §21-25A-8 anytime within twenty days after being served with the claim and if he fails to do so he cannot thereafter petition the court to set aside the arbitration agreement.
Source:
SDCL, §21-25A-8 as added by SL 1976, ch 155, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-10 - Appointment of arbitration officer--Qualifications--Filing of papers with officer.

21-25B-10. Appointment of arbitration officer--Qualifications--Filing of papers with officer.
The presiding judge of the circuit court shall, within ten days after institution as a claim pursuant to §21-25B-6, appoint an arbitration officer to sit with the health care services arbitration panel. The arbitration officer shall be an individual licensed to practice law in the State of South Dakota. The written statement of the complainant and all other papers in the case shall be filed with the arbitration officer until the work of the panel has been completed.
Source:
SL 1976, ch 155, §§15, 19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-11 - Duties of arbitration officer.

21-25B-11. Duties of arbitration officer.
The duties of the arbitration officer are:
(1)To act as liaison between the health care services arbitration panel and the presiding judge of the circuit court;
(2)To advise the health care services arbitration panel on questions of law and procedure and rule on admissibility of evidence as provided in §21-25B-23;
(3)To arrange for court reporters, hearing rooms, and the other logistical needs of the health care services arbitration panel;
(4)To prepare and serve notices for the panel;
(5)To oversee the selection of the members of the panel;
(6)To reduce the decision of the panel on liability and damages to writing and to serve it upon the parties to the controversy;
(7)To assist members of the panel in submitting their claims for compensation from the health care services arbitration account;
(8)At the request of a party or a member of the panel, to issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence; and
(9)To perform any other assignments which are consistent with the intent of this chapter made by either the presiding judge of the circuit court or the health care services arbitration panel.
Source:
SL 1976, ch 155, §20.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-12 - Service of claim on defendant--Defendant's statement submitted to arbitration officer--Copy to claimant.

21-25B-12. Service of claim on defendant--Defendant's statement submitted to arbitration officer--Copy to claimant.
The arbitration officer shall, within five days of appointment, serve a copy of the written statement of claim upon the defendant or defendants by registered or certified mail. The defendant shall, within twenty days following receipt of a copy of the written statement of the claim, submit a written statement of his own case to the arbitration officer with a copy to the claimant.
Source:
SL 1976, ch 155, §19; SL 1987, ch 29, §28.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-13 - Three-member panel selected for small claims--Selection process.

21-25B-13. Three-member panel selected for small claims--Selection process.
If the damages sought do not exceed ten thousand dollars, the arbitration panel shall consist of three members. Each party may select one member from the panel. If a party does not wish to select his member from the panel, he may petition the presiding judge of the circuit court in which the controversy occurred to appoint some other person of his choice, subject to the objection of the opposing party. Once these two members of the panel have been selected, these two members in turn shall select a third member which may or may not be from the panel. If they cannot agree within fifteen days, then the presiding judge of the circuit court shall, within fifteen days, appoint the third member.
Source:
SL 1976, ch 155, §12; SL 1984, ch 160, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-14 - Five-member panel for large claims--Selection process.

21-25B-14. Five-member panel for large claims--Selection process.
If the damages claimed exceed ten thousand dollars, the panel shall consist of five members. In that event, each party may select two members from the panel and the same selection process that is set forth regarding the three-member panel shall be followed.
Source:
SL 1976, ch 155, §12; SL 1984, ch 160, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-15 - Five-member panel for multiple parties--Selection process.

21-25B-15. Five-member panel for multiple parties--Selection process.
In all cases, if there is more than one plaintiff or defendant a five-member panel shall be appointed regardless of the amount of damages involved. If there are two plaintiffs or defendants, each may select one member of the panel in the same manner as provided in §21-25B-13. If there are more than two plaintiffs or defendants, then all plaintiffs or defendants shall agree upon their selections to the panel. If one or both of the panel members have not been selected by the plaintiffs or defendants within fifteen days, then the presiding judge of the circuit court shall appoint one or two members for the plaintiffs or defendants as the case may be.
Source:
SL 1976, ch 155, §13.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-16 - Striking selections for five-member panel.

21-25B-16. Striking selections for five-member panel.
In the case of a five-member panel each party may strike one choice of the other party. In such case the party whose choice has been struck shall make another selection. In the case of multiple plaintiffs or defendants, any panel member to be struck shall be mutually agreed to by all such plaintiffs or defendants. A request to strike a panel choice shall be made by a party by giving notice to the arbitration officer within five days of receipt from him of the other party's choices. The name of any person struck from the panel shall not be made public.
Source:
SL 1976, ch 155, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-17 - Refusal to serve as panel member or arbitration officer--Withdrawal after agreement to serve.

21-25B-17. Refusal to serve as panel member or arbitration officer--Withdrawal after agreement to serve.
Any individual who is selected as a member of any health care services arbitration panel or as an arbitration officer may, without cause, refuse to serve. However, once he has agreed to serve he cannot then refuse to serve unless his withdrawal is agreed to by all parties to the controversy or his withdrawal is approved by the presiding judge of the circuit court.
Source:
SL 1976, ch 155, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-18 - Continuation of panel member's service until determination of existing controversy.

21-25B-18. Continuation of panel member's service until determination of existing controversy.
Any member serving on a health care services arbitration panel selected to consider an existing controversy shall continue to serve on such panel as to such controversy until it has been finally determined irrespective of whether his term of office has expired.
Source:
SL 1976, ch 155, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-19 - Disability or disqualification of panel member--Petition for court-appointed replacement--Prior exhibits and testimony available--Recommendation by originally appointing party.

21-25B-19. Disability or disqualification of panel member--Petition for court-appointed replacement--Prior exhibits and testimony available--Recommendation by originally appointing party.
If any person serving on a health care services arbitration panel becomes disabled or is disqualified from service thereon for any reason, the presiding judge of the circuit court shall, upon petition of any party to the arbitration agreement on the controversy under consideration, within fifteen days appoint someone to fill such vacancy. The person appointed to fill a vacancy shall have made available to him all exhibits and testimony heard or introduced prior to his appointment. If the vacancy is a position originally appointed by one of the parties to the controversy, on making such appointment the court shall consider persons recommended by the party originally making the nomination for the position vacated, but the court shall not be bound by any such recommendation.
Source:
SL 1976, ch 155, §14.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-20 - Panel members to receive copies of statements.

21-25B-20. Panel members to receive copies of statements.
The arbitration officer shall send copies of the written statements of claim and of the defendant's case to the panel members upon their selection.
Source:
SL 1976, ch 155, §19.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-21 - Two-stage hearings--Waiting period between stages.

21-25B-21. Two-stage hearings--Waiting period between stages.
Hearings before the health care services arbitration panel shall be in two stages. The first stage shall be a hearing to determine whether or not there is any liability on behalf of the defendant or defendants. If the panel does find liability, there shall be a thirty-day waiting period during which the parties may agree as to damages. At the end of thirty days, if the damage question has not been settled, the panel shall reconvene to determine the amount of damages, if any, the claimant shall be awarded.
Source:
SL 1976, ch 155, §22.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-22 - Transcription of hearing--Expert witnesses--Expenses of panel members.

21-25B-22. Transcription of hearing--Expert witnesses--Expenses of panel members.
The hearing before the health care services arbitration panel shall be transcribed by a court reporter. The panel may retain expert witnesses to aid in its determination. Expenses incurred by the panel shall be paid out of the health care services arbitration account.
Source:
SL 1976, ch 155, §17.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-23 - Discovery procedures--Evidence--Privilege and confidentiality--Hearings closed to public.

21-25B-23. Discovery procedures--Evidence--Privilege and confidentiality--Hearings closed to public.
The discovery rules contained in the South Dakota Rules of Civil Procedure shall apply to proceedings before the health care services arbitration panel. Any motion for relief arising out of the use of such discovery procedures shall be decided by the arbitration officer. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The panel shall give effect to rules of privilege and confidentiality recognized by law. All hearings before the arbitration panel shall be closed to the public.
Source:
SL 1976, ch 155, §§21, 24.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-24 - Records and files of panel closed to public until judgment--Court order for disclosure--Record filed with clerk of courts.

21-25B-24. Records and files of panel closed to public until judgment--Court order for disclosure--Record filed with clerk of courts.
Records and files of proceedings before the health care services arbitration panel shall not, until the entry of judgment therein, be open to public inspection or examination, and the parties thereto or the subject thereof shall not be identified or disclosed except to the parties to such proceedings, their counsel of record, or members of the arbitration panel, or except upon order of the circuit court of the circuit in which such proceedings are venued, upon a showing of good cause therefor. When all proceedings are completed, the arbitration officer shall file the record with the clerk of courts.
Source:
SL 1976, ch 155, §§19, 24.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-25 - Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account.

21-25B-25. Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account.
Each member of the panel shall receive one hundred dollars per day plus expenses at the same rate as other state officers as compensation for his services on the panel. The presiding judge of the circuit court shall fix the compensation of the arbitration officer. All compensation shall be paid out of the health care services arbitration account.
Source:
SL 1976, ch 155, §16.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 25B - Arbitration Agreements Relating To Medical Services › Section 21-25B-26 - Immunity of panel members and arbitration officers for official actions or recommendations.

21-25B-26. Immunity of panel members and arbitration officers for official actions or recommendations.
No member of the health services arbitration panel nor the arbitration officer shall be liable in damages for any action taken or recommendation made by such panel member or arbitration officer acting within his official capacity as a member of the health services arbitration panel or as the arbitration officer.
Source:
SL 1976, ch 155, §23.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 26 - Confession Of Judgment › Section 21-26-1 - Causes for which judgment may be docketed.

21-26-1. Causes for which judgment may be docketed.
A judgment by confession may be docketed, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter.
Source:
CCivP 1877, §715; CL 1887, §5537; RCCivP 1903, §784; RC 1919, §3023; SDC 1939 & Supp 1960, §37.0301; SL 2019, ch 105, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 26 - Confession Of Judgment › Section 21-26-2 - Defendant's verified statement--Amount of judgment and authorization included.

21-26-2. Defendant's verified statement--Amount of judgment and authorization included.
A statement in writing must be made, signed by the defendant, and verified by his oath. It must state the amount for which judgment may be entered, and authorize the entry of judgment therefor.
Source:
CCivP 1877, §716, subdiv 1; CL 1887, §5538, subdiv 1; RCCivP 1903, §785, subdiv 1; RC 1919, §3024 (1); Supreme Court Rule 554, 1939; SDC 1939 & Supp 1960, §37.0302 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 26 - Confession Of Judgment › Section 21-26-3 - Facts included in defendant's statement on judgment for money due or to become due.

21-26-3. Facts included in defendant's statement on judgment for money due or to become due.
If the judgment to be confessed be for money due or to become due, the defendant's verified statement must state concisely the facts out of which the debt arose, and must show that the sum confessed therefor is justly due, or to become due.
Source:
CCivP 1877, §716, subdiv 2; CL 1887, §5538, subdiv 2; RCCivP 1903, §785, subdiv 2; RC 1919, §3024 (2); Supreme Court Rule 554, 1939; SDC 1939 & Supp 1960, §37.0302 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 26 - Confession Of Judgment › Section 21-26-4 - Facts stated in defendant's statement on judgment to secure against contingent liability.

21-26-4. Facts stated in defendant's statement on judgment to secure against contingent liability.
If the judgment to be confessed be for the purpose of securing the plaintiff against a contingent liability, the defendant's verified statement must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the amount of such liability.
Source:
CCivP 1877, §716, subdiv 3; CL 1887, §5538, subdiv 3; RCCivP 1903, §785, subdiv 3; RC 1919, §3024 (3); Supreme Court Rule 554, 1939; SDC 1939 & Supp 1960, §37.0302 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 26 - Confession Of Judgment › Section 21-26-5 - Presentation of defendant's statement--Notice and hearing.

21-26-5. Presentation of defendant's statement--Notice and hearing.
The defendant's verified statement shall be presented to the court or a judge thereof, and if, after notice and hearing, which may not be waived, it is found sufficient, the court or judge shall render judgment accordingly, whereupon it may be filed in the office of the clerk who shall docket it.
Source:
SDC 1939 & Supp 1960, §37.0303; SL 1990, ch 149, §8; SL 2019, ch 105, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 26 - Confession Of Judgment › Section 21-26-6 - Execution on judgment.

21-26-6. Execution on judgment.
Execution may be issued and enforced on the judgment in the same manner as upon judgments in other cases in such court.
Source:
CCivP 1877, §717; CL 1887, §5539; RCCivP 1903, §786; RC 1919, §3025; Supreme Court Rule 555, 1939; SDC 1939 & Supp 1960, §37.0303.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 26 - Confession Of Judgment › Section 21-26-7 - Execution for installment payments--Judgment and execution for later installments.

21-26-7. Execution for installment payments--Judgment and execution for later installments.
When the debt for which the judgment is recovered is not all due, or is payable in installments and the installments are not all due, the execution may issue upon such judgment for the collection of such installments as have become due, and shall be in the usual form, but shall have endorsed thereon, by the attorney or person issuing the same, a direction to the sheriff to collect the amount due on such judgment, with interest and costs, which amount shall be stated, with interest thereon, and the costs of said judgment. Notwithstanding the issue and collection of such execution, the judgment shall remain as security for the installments thereafter to become due, and whenever any further installments become due, execution may in like manner be issued for the collection and enforcement of the same.
Source:
CCivP 1877, §717; CL 1887, §5539; RCCivP 1903, §786; RC 1919, §3025; Supreme Court Rule 555, 1939; SDC 1939 & Supp 1960, §37.0303.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-1 - Right of person detained or imprisoned to apply for writ.

21-27-1. Right of person detained or imprisoned to apply for writ.
Any person committed or detained, imprisoned or restrained of his liberty, under any color or pretense whatever, civil or criminal, except as provided herein, may apply to the Supreme or circuit court, or any justice or judge thereof, for a writ of habeas corpus.
Source:
CCrimP 1877, §§671, 672; CL 1887, §§7839, 7840; RCCrimP 1903, §§771, 772; RC 1919, §§4978, 4979; SDC 1939 & Supp 1960, §37.5501; SL 1983, ch 169, §1.