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Last Reviewed / Modified On 04 Jul 2013.

SOUTH DAKOTA STATE GUIDELINES

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Contents [hide]

LITIGATION

Court Structure

Types of Courts and Jurisdiction

Type of Actions, Jurisdiction and Geographical Limitations

Responsive Pleadings and Deadlines

Federal courts – Filing restrictions and response deadlines

Extensions for Filing Responsive Pleadings

Federal Courts v. State Courts - Advantages and Grounds for Transfer

Statutes of Limitations

Legal Cause of Action and Applicable Limitation

Accrual of Statute of Limitations

Exceptions to Accrual

Other Relevant Details

Causes of Action Survive Death

Causes of Action that Survive Death

Notice/Service Requirements for Causes Of Action

Proper Party to Assert Causes of Action

Limitations on Causes of Action

Role of Estate in Action

Comparative Negligence

Comparative Negligence and Scope

Allocation of damages, off sets etc

Joint and Several Liability

Third-Party Defendants and Statute of Limitations

Wrongful Death

Allowable Types of Causes of Action

Allowable Claimants or Class

Statute of Limitations

Caps on Damages

Release/Court Approval Issues

Role of Estate in Action

Offers of Judgment

Requirements

Time Limits to Respond

Sanctions, Failure to Accept and Enforcement

Arbitration

Requirements, Procedure, Selection of Arbitrators And Enforcement of Award

Statutory V. Voluntary Arbitration

Federal/State Provisions for Type of Damages and Attorney Fees

Identity of the Parties, Notice and Effect of Ruling in Related Cases

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