Court and money
Debt, eviction, work, family and records. The side of the system with no officer in it.
60 sections
Renting
- A Squatter Is Not A TenantSDCL § 21-16-1 — entry by force, fraud or stealth, and a court action to recover possessionalso here
- Thrown Out Of A HotelSDCL § 43-32-37 — the reasons a hotel, campground or RV park may eject a guest without refunding the rentalso here
- Housing DiscriminationSDCL § 20-13-20 — race, color, creed, religion, sex, ancestry, disability, familial status or national origin, and a charge within one hundred eighty daysalso here
Work and pay
- Discrimination At WorkSDCL § 20-13-10 — hiring, firing and pay, the protected traits, reprisal for a charge, and one hundred eighty days to file
- Getting PaidSDCL § 60-11-9 — wages at least once each calendar month or on agreed paydays, and double damages for a malicious refusal
- The Last PaycheckSDCL § 60-11-10 — due by the next regular payday, fired or quitting, or once the employer's property is returned
- Minimum WageSDCL § 60-11-3 — a rate written into the statute and raised each January 1 by the cost of living, and half of it in cash for tipped work
- Equal PaySDCL § 60-12-15 — no lower rate for comparable work because of sex
- Hurt At WorkSDCL § 62-7-10 — written notice within three business days, the employee's choice of doctor, and two years after a denial
- Fired For A Comp ClaimSDCL § 62-1-16 — an employer who fires in retaliation for a lawful claim is liable for wrongful discharge
- Unemployment After A Job EndsSDCL § 61-6-9 — quitting without good cause or misconduct means six weeks of new work first
- Working Under SixteenSDCL § 60-12-1 — four hours on a school day, twenty in a school week, and not after 10 p.m. before school
- Jury Duty And Your JobSDCL § 16-13-41.1 — no firing or suspension for serving, and the same status and seniority after
Family, children and school
- Getting DivorcedSDCL § 25-4-2 — irreconcilable differences among the grounds, residence at filing, and sixty days before it can be heard
- Custody After A SplitSDCL § 25-4-45 — the child's best interests, no preference for either parent, and a presumption against an abusive one
- Grandparent VisitationSDCL § 25-4-52 — reasonable visitation in the child's best interests, for grandparents and great-grandparents
- A Protection OrderSDCL § 25-10-3.1 — family and partners, a hearing within thirty days, a temporary order meanwhile, and up to five years
- A Stalking Protection OrderSDCL § 22-19A-8 — for stalking, an assault injury or a crime of violence, against anyone, for up to five years
- Reporting Child AbuseSDCL § 26-8A-3 — teachers, doctors, coaches, officers and others must report, orally and immediately
- Changing A NameSDCL § 21-37-2 — six months in the county, notice published for four successive weeks, and a hearing in circuit court
- Getting MarriedSDCL § 25-1-10 — a license from the register of deeds for forty dollars, used within ninety days
- Turning EighteenSDCL § 26-1-1 — minors are persons under eighteen years of age, counted from the first minute of the day of birth
- School AttendanceSDCL § 13-27-1 — from six years old until eighteen years old or graduation, and kindergarten before age seven
Debt, buying and money
- Unfair And Deceptive PracticesSDCL § 37-24-6 — fraud, false promises or a hidden material fact in a sale, actual damages, and four years to sue
- A Sale At Your DoorSDCL § 37-24-5.3 — a sale of twenty-five dollars or more away from the seller's place of business, cancelable until midnight of the third business day
- The Lemon LawSDCL § 32-6D-3 — a defect first reported in the first year or twelve thousand miles, four repair attempts or thirty days out of service, and a replacement or refund
- Wage GarnishmentSDCL § 21-18-51 — no garnishment before judgment, and no more than twenty percent of disposable earnings a week
- What Creditors Cannot TakeSDCL § 43-45-2 — clothing, family pictures, a year's food and fuel, health aids, and seven thousand dollars more for a head of family
- When Your Data Is BreachedSDCL § 22-40-20 — notice to each resident within sixty days, and to the attorney general past two hundred fifty
- The Insurance RequirementSDCL § 32-35-113 — financial responsibility at all times, a Class 2 misdemeanor without it, and a citation dismissed on proofalso here
- Bad ChecksSDCL § 22-30A-24 — theft graded by the face amount, notice of dishonor first, and no prosecution if paid within thirty daysalso here
- Identity TheftSDCL § 22-40-8 — using another's identifying information or accounts to deceive or defraud, a Class 6 felonyalso here
Owning a home, land and animals
- The Homestead ExemptionSDCL § 43-31-1 — a family's home safe from judicial sale and judgment liens, and from tax sale for a senior
- A Lien On The HouseSDCL § 44-9-15 — a contractor's lien ends one hundred twenty days after the last work unless a statement is filed
- A ForeclosureSDCL § 21-52-11 — one year from the sale to redeem, or one hundred eighty days on a short term redemption mortgage
- A Vicious DogSDCL § 40-34-14 — an unprovoked attack in public, or on a worker on private property, and a public nuisance
- The Fence Between NeighborsSDCL § 43-23-2 — each owner builds the right-hand half, and thirty days' written notice to a neighbor who will not
- When A Car Is TowedSDCL § 32-30-3.1 — the owner told within twenty-four hours, a lien on the car, and no lien on clothing, food or tools of a tradealso here
Health, aging and estates
- Dying Without A WillSDCL § 29A-2-102 — the spouse takes all unless a child is not the spouse's too, then the first $100,000 and half the rest
- Signing A WillSDCL § 29A-2-502 — in writing, signed, and two witnesses, or a holographic will in the person's own hand
- Changing Or Revoking A WillSDCL § 29A-2-507 — a later will, or burning, tearing or canceling it, and a divorce that undoes gifts to the former spouse
- The Will After A DeathSDCL § 29A-3-108 — probate within three years of the death, and creditors' claims barred three years after it
- A Small EstateSDCL § 29A-3-1201 — an affidavit thirty days after the death for an estate up to $100,000, and sixty days for land up to fifty thousand dollars
- The Spouse's ShareSDCL § 29A-2-202 — an elective share rising with the years married, filed within nine months, and a family allowance first
- Signing Over AuthoritySDCL § 59-12-3 — a power of attorney that survives incapacity, signed before a notary, and an agent bound to act in good faith
- Putting It In Writing FirstSDCL § 34-12D-2 — a declaration witnessed by two adults or a notary, revocable any time in any manner
- Who Decides When You CannotSDCL § 34-12C-3 — without an agent or guardian, the spouse, then an adult child, a parent, a sibling, and on to a close friend
- When A Court Appoints A GuardianSDCL § 29A-5-302 — a guardian for health, care and safety, and a conservator for property and money
- Abuse Of An Older AdultSDCL § 22-46-2 — physical abuse or neglect of an elder is a Class 6 felony, and a report within twenty-four hours
- Helping At The SceneSDCL § 20-9-4.1 — no civil liability for emergency care given in good faith, short of willful, wanton or reckless acts
Courts and records
- How Long To SueSDCL § 15-2-13 — six years on a contract, three for a personal injury, two for libel, slander or unpaid wages
- A Small ClaimSDCL § 15-39-45.1 — up to twelve thousand dollars, no jury and no appeal unless the defendant removes it
- Voting After A FelonySDCL § 12-4-18 — removed from the rolls while serving a felony sentence, and restored to full citizenship on discharge
- Clearing A RecordSDCL § 23A-3-27 — an arrest without charges after a year, a dismissal or an acquittal, and minor cases removed after five years
Public records, meetings and voting
- Getting Public RecordsSDCL § 1-27-37 — open to inspection in business hours, and an answer to a written request within ten business days
- Open MeetingsSDCL § 1-25-1 — open unless a specific law is cited to close it, a period for public comment, and the right to record
- Photo ID To VoteSDCL § 12-18-6.1 — a license, passport, tribal or student card with a picture, or a signed affidavit instead
- Time Off To VoteSDCL § 12-3-5 — two consecutive hours off while the polls are open, without a pay cut
- Registering To VoteSDCL § 12-4-5 — received by 5:00 p.m. at least fifteen days before the election
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