South Dakota § 15-2-33 Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties.

South Dakota Statutes

§ 15-2-33 — Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties.

South Dakota § 15-2-33

Title 15CIVIL PROCEDURE

Ch. 15-1LIMITATION OF ACTIONS GENERALLY

This text of South Dakota § 15-2-33 (Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties.) 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 § 15-2-33 (2026).

Text

If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney's fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and the court, in support of the judgment, made a finding, pursuant to § 15-17-51 , that the proceeding was frivolous or brought for a malicious purpose, the plaintiff may be dismissed from the action without prejudice, subject to the right of the plaintiff to recommence the action upon filing of a satisfaction of the judgment.

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If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney's fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and the court, in support of the judgment, made a finding, pursuant to § 15-17-51 , that the proceeding was frivolous or brought for a malicious purpose, the plaintiff may be dismissed from the action without prejudice, subject to the right of the plaintiff to recommence the action upon filing of a satisfaction of the judgment.