Title 21, JUDICIAL REMEDIES

Factors to be considered in determining whether an aviation product's useful safe life has expired include: (1) The amount of wear and tear to which the aviation product had been subject; (2) The effect of deterioration from natural causes and from climate and other conditions un…

An aviation product seller may be subject to liability for harm caused by an aviation product used beyond the product's useful safe life to the extent that the aviation product seller has expressly warranted the aviation product for a longer period. Source: SL 2011, ch 113 , § 4.

The provisions of § 15-2-12.2 notwithstanding, any claim that involves harm caused more than ten years after the time of delivery is barred regardless of the date the defect or harm is discovered or the disability or minority of the person harmed. Nothing contained in this sectio…

If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design or performance, the aviation product is deemed not defective by reason of design or performance. I…

If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design, performance, warnings, or instructions, no presumption exists and the burdens of proof applic…

If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, this is an absolute defense and the aviation product is deemed not defective for that reason. If the specific…

If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, or if the specification related to warnings or instructions that were not in compliance with a mandatory …

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, servi…

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 r…

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 hundre…

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.

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 provisions of this chapter apply to a personality who is deceased prior to July 1, 2015. Source: SL 2015, ch 126 , § 3.

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.

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 violati…

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 telev…

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…

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 …

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…

Terms used in this chapter mean: (1) "Attorney-in-fact," an agent under a power of attorney pursuant to chapter 59-2 or an attorney-in-fact under a durable power of attorney pursuant to § 59-7-2.1 or chapter 59-12; (2) "Caretaker," a related or nonrelated person who has the respo…

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 servic…

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 titleho…

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 e…

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 reli…

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 respo…

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.

An order pursuant to this chapter does not affect title to real property. Source: SL 2016, ch 120 , § 18.

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 …

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.

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…

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 incl…

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 f…

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 o…

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 f…

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.

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,…

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) Th…

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 …

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 tre…

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.

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.

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 plaintif…

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 th…

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 t…

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 a…

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 as…