South Dakota Codified Laws 21-66-8. Response to motion for order to file asbestos trust claim
Current as of: 2023 | Check for updates
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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;
Terms Used In South Dakota Codified Laws 21-66-8
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) File a written response with the court setting forth any reason why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or
(3) File a written response with the court requesting a determination that the plaintiff’s expenses, or attorney’s fees and expenses, to prepare and file the asbestos trust claim identified in the defendant’s motion exceed the plaintiff’s reasonably anticipated recovery from the trust.
Source: SL 2017, ch 94, § 8.