Title 21 — JUDICIAL REMEDIES

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…

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 tru…

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 insuffi…

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 th…

Source: SL 2020, ch 77 , § 7.

(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.

This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. Source: SL 2020, ch 77 , § 1.

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,"…

(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 p…

(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 t…

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…

(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 othe…

(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 th…

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.

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.

Terms used in this chapter mean: (1) "COVID-19," the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus …

A person may not bring or maintain any action or claim for damages or relief alleging exposure or potential exposure to COVID-19 unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19. In all…

A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for damages for any injuries sustained from the individual's exposure to …

A health care provider is not liable for any damages for causing or contributing, directly or indirectly, to the death or injury of a person as a result of the health care provider's acts or omissions in response to COVID-19. This section applies to all of the following: (1) Inju…

Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage cause…

This chapter may not be construed to do any of the following: (1) Create, recognize, or ratify a claim or cause of action of any kind; (2) Eliminate or satisfy a required element of a claim or cause of action of any kind; (3) Deem COVID-19 an occupational disease. COVID-19 is not…