South Dakota Codified Laws 16-19-91. Burden of proof in medical inactive status and reinstatement proceedings
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In a proceeding seeking a transfer of an attorney to medical inactive status under § 16-19-92, the burden of proof shall rest with the board. In a proceeding seeking an order of reinstatement to active status under § 16-19-98, the burden of proof shall rest with the attorney. In either case, the burden of proof shall be by clear and convincing evidence.
Terms Used In South Dakota Codified Laws 16-19-91
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (e); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (e); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.