Title 21 — JUDICIAL REMEDIES

Immediately upon the filing of the papers required by §§ 21-22-3 and 21-22-4 , supervision by the court shall be deemed to commence. Source: Supreme Court Rule 239, 1939; SDC 1939 & Supp 1960, § 33.2603.

At any time after the filing of the papers required by §§ 21-22-3 and 21-22-4 a fiduciary, the trustor, or any beneficiary under such court trust, if the fiduciary, trustor, or beneficiary considers court supervision unnecessary or impractical and involving unnecessary burden and…

Notice of entry as required by § 15-26A-6 shall require only that notice that an order has been entered has been served. Absent a court order to the contrary, there is no requirement that the order be attached to the notice of entry. Source: SL 2002, ch 100 , § 7.

At any time during the existence of the trust, after supervision has been dispensed with pursuant to § 21-22-7 , any fiduciary, trustor, or beneficiary may petition for a resumption of the supervision in which event the court shall, upon notice as provided pursuant to this chapte…

Any fiduciary, trustor, or beneficiary of any other trust may, if the trustee is a resident of this state or if any of the trust estate has its situs in this state, at any time petition the circuit court, the county where such petition is to be filed to be determined the same as …

This chapter is intended to cover, and provide uniform procedure in all proceedings to sell property in court trusts, receiverships, and any other cases where property is in the custody of an officer of the court and no specific provisions of law exist prescribing judicial proced…

Whenever, in the opinion of the court to whom an application to sell property under the provisions of this chapter is addressed, the bond of the person applying is inadequate fully to protect the rights of all persons beneficially interested in such property, the court may, in th…

Unless for good cause the court orders otherwise, all sales of property shall be at public auction for cash. If any portion of the purchase price is to be upon deferred payments, the order of the court shall require adequate security and shall fix the time within which payments a…

All sales shall be reported to the court for confirmation. Such reports shall be in writing, shall specify when the property was sold, the name of the purchaser, the terms of sale, if the sale was other than for cash, the amount bid for each item of property, the expense of sale;…

Whenever a trustee is duly empowered by the instrument which creates the trust, or otherwise, to make a sale of any property which is a part of the trust estate, whether real or personal, he shall not be required to obtain any authorization of the court as a prerequisite to such …

On receiving a report of sale the court shall determine on an inspection of the same and of the files of the case or proceeding, whether a hearing on said report is necessary for the protection of the rights of persons beneficially interested in the property sold. Ordinarily such…

On the hearing to confirm sale the court shall consider any new offers which exceed the offer set forth in the report of sale by at least five percent, and shall likewise consider any other offers made at the time of the hearing, and shall confirm the sale and direct the transfer…

Any court officer or trustee who has in his possession or custody real or personal property and who deems it necessary or desirable and in the interest of the persons entitled to receive such property or beneficially interested therein, may apply to the court having jurisdiction …

The application for leave to sell shall be verified and shall state the following particulars: (1) The name of the case, trust, or proceeding, and the name of the court having jurisdiction thereof; (2) The name of the receiver or other officer having custody of the property, with…

Perishable property in the hands of such court officer may be ordered sold on his application, without hearing thereon. A written report of such sale containing the matters required in § 21-23-12 shall be submitted to the court. Source: Supreme Court Order No. 2 (9) adopted Octob…

On the filing of an application for sale, except as provided by § 21-23-4 , the court shall by order fix a time and place for hearing such application. The place shall be that most convenient for the persons interested in the property, and the time such as to permit adequate noti…

The court to which the application for leave to sell property is addressed shall direct such notice to be given as will reasonably notify and inform the interested parties that an application to sell the property is pending. Ordinarily, such notice should be by the service on the…

If, in the opinion of the court, it is necessary in order to inform the court fully in the matter or to safeguard the rights of interested parties, the court may order an appraisal of such property to be made and filed before the hearing on the application to sell, and prescribe …

On hearing the application to sell, the court may make such order as in the discretion of the court will best protect the rights of all persons interested in the property. Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, § 33.26A07.

If a sale be ordered the court shall fix the time of sale, prescribe the notice thereof to be given, and in appropriate cases may direct the order in which the several items of property shall be offered for sale, and may fix an upset price upon any or all of the property. Source:…

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decre…

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Source: SL 1925, ch 214 , § 6; SDC 1939 & Supp 1960, § 37.0106.

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just. Source: SL 1925, ch 214 , § 10; SDC 1939 & Supp 1960, § 37.0110.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice r…

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. Source: SL 1925, ch 214 , § 7; SDC 1939 & Supp 1960, § 37.0107.

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered. Source: SL 1925, ch 214 , § 12; SDC 1939 & Supp 196…

The several sections and provisions of this chapter except §§ 21-24-1 and 21-24-3 are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative. Source: SL 1…

This chapter may be cited as the Uniform Declaratory Judgments Act. Source: SL 1925, ch 214 , § 16; SDC 1939 & Supp 1960, § 37.0115.

The word, person, wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal, public or other corporation of any character whatsoever. Source: SL 1925, ch 214 , § 13; SDC 1939 & Supp …

Any person interested under a deed, will, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or vali…

A contract may be construed either before or after there has been a breach thereof. Source: SL 1925, ch 214 , § 3; SDC 1939 & Supp 1960, § 37.0103.

Any person interested as or through a personal representative, trustee, conservator, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, minor, protected person, or insolvent, may…

The enumeration in §§ 21-24-3 to 21-24-5 , inclusive, does not limit or restrict the exercise of the general powers conferred in § 21-24-1 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty…

When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. Source: SL 1925, ch 214 , § 11; SDC 1939 & Supp 1…

In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall a…

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Source: SL 1925, ch 21…

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity fo…

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.

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…

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 servi…

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 per…

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 arbi…

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).

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.

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 …

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.

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 …

This chapter applies only to agreements made subsequent to June 30, 1971. Source: SL 1971, ch 157 , § 21.

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.

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…