South Dakota Statutes

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

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15-16A RECOVERY OF DISBURSEMENTS
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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