§ 49-13-1 Application to commission by interested party–Direct damage unnecessary–Rules prescribing form and procedure for complaints
§ 49-13-1.1 Complaint to commission or suit by private person–Election of remedies
§ 49-13-3 Compliance by telecommunications company or carrier as exoneration onlyfor particular violation complained of
§ 49-13-4 Investigation of complaint–Inquiry without complaint
§ 49-13-5 Authority of commission on inquiry without complaint
§ 49-13-6 Docket–Contents–Index
§ 49-13-7 Record–Contents–Transcript of evidence
§ 49-13-9 Hearing before any commissioner
§ 49-13-9.1 Corporations and business entities may appear without counsel in certaincases
§ 49-13-13 Proof of violation–Determination of just rate–Cease and desist order–Dutyof telecommunications company or motor carrier to comply
§ 49-13-14 Determination of damages–Order directing payment
§ 49-13-14.1 Violations by telecommunications company or motor carrier–Civil liability–Double liability upon suit–Attorney’s fees
§ 49-13-14.2 Necessity for demand before suit
§ 49-13-16 Presumption of validity of order–Burden to prove invalidity
§ 49-13-17 Failure to obey order–Application to court for mandamus–Order directingpayment of money excepted
§ 49-13-18 Issuance of mandamus or other proper process
§ 49-13-19 Enforcement of mandamus or other proper process for failure to obey
§ 49-13-20 Money judgment for default in compliance–Disposition of money
§ 49-13-21 Recovery of moneys by attachment or execution–Appeal to Supreme Court
§ 49-13-22 Security on appeal by commission not required–Appeal as not staying courtorder–Costs and attorney’s fees
§ 49-13-23 Prosecution of action by attorney general–Assistance of state’s attorney–Costs and expenses
§ 49-13-24 Noncompliance with order for payment of money–Petition in court–Civilaction procedure applicable–Exceptions
§ 49-13-25 Commission proceedings as evidence in trial–Report and order ofcommission as prima facie evidence
§ 49-13-26 Plaintiff not liable for costs–Supreme Court proceedings–Attorney’s fees
§ 49-13-27 Joinder of parties–Service of process–Venue of service–Judgment in caseof joint parties

Terms Used In South Dakota Codified Laws > Title 49 > Chapter 13 - Procedure On Complaints to Public Utilities Commission

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.