South Dakota Codified Laws 21-66-9. Court order regarding filing of additional asbestos trust claim
If the court determines that there is sufficient basis for the plaintiff to file an additional asbestos trust claim identified by the defendant pursuant to § 21-66-7, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with any trust claims material within thirty days before the trial date. If the court determines 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 under § 21-66-7 exceed the plaintiff’s reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides each party with a verified statement of the plaintiff’s history of exposure, usage, or any other connection to asbestos covered by the asbestos trust.
Terms Used In South Dakota Codified Laws 21-66-9
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 2017, ch 94, § 9.