South Dakota Statutes

§ 15-39-73 — Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.

South Dakota § 15-39-73
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15-38SMALL CLAIMS PROCEDURE

This text of South Dakota § 15-39-73 (Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.) 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 § 15-39-73 (2026).

Text

The actual cash disbursements of the prevailing party for entry fee, mailing fees, witness fees, and officers' fees shall be allowed as costs. No other costs shall be allowed either party, except by special order of the court. The court shall have power in its discretion to award costs, including attorney fees, in a sum fixed by the court, not exceeding five hundred dollars (exclusive of such cash disbursements, or in addition thereto) against any party, whether the prevailing party or not, who has set up a frivolous or vexatious claim or defense, or has made an unfair, insufficient, or misleading answer, or has otherwise sought to hamper a party or the court in securing a speedy determination of the claim upon its merits; and to enter judgment and issue execution therefor, or set off such

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Legislative History

SDC 1939 & Supp 1960, § 33.4116; SDCL, § 15-39-38; Supreme Court Rule 81-4; SL 1986, ch 167, § 2; Supreme Court Rule 97-21.

Nearby Sections

15
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Bluebook (online)
South Dakota § 15-39-73, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-39-73.