South Dakota Statutes

§ 15-17-38 — Award of attorneys' fees--Taxed as disbursements.

South Dakota § 15-17-38
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15-16ARECOVERY OF DISBURSEMENTS

This text of South Dakota § 15-17-38 (Award of attorneys' fees--Taxed as disbursements.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 15-17-38 (2026).

Text

The compensation of attorneys and counselors at law for services rendered in civil and criminal actions and special proceedings is left to the agreement, express or implied, of the parties. However, attorneys' fees may be taxed as disbursements if allowed by specific statute. The court, if appropriate, in the interests of justice, may award payment of attorneys' fees in all cases of divorce, annulment of marriage, determination of paternity, custody, visitation, separate maintenance, support, or alimony. The court may award the fees before or after judgment or order. The court may award attorneys' fees from trusts administered through the court as well as in probate and guardianship proceedings. Attorneys' fees may be taxed as disbursements on mortgage foreclosures either by action or by a

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Legislative History

SL 1992, ch 148, § 3; SL 2006, ch 111, § 1.

Nearby Sections

15
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Bluebook (online)
South Dakota § 15-17-38, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-17-38.