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.

Terms Used In South Dakota Codified Laws 21-25B-9

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SDCL, § 21-25A-8 as added by SL 1976, ch 155, § 3.