South Dakota § 15-6-23(a) Prerequisites to a class action.

South Dakota Statutes

§ 15-6-23(a) — Prerequisites to a class action.

South Dakota § 15-6-23(a)

Title 15CIVIL PROCEDURE

Ch. 15RULES OF PROCEDURE IN CIRCUIT COURTS

This text of South Dakota § 15-6-23(a) (Prerequisites to a class action.) 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 § 15-6-23(a) (2026).

Text

One or more members of a class may sue or be sued as representative parties on behalf of all only if:

(1)The class is so numerous that joinder of all members is impracticable;

(2)There are questions of law or fact common to the class;

(3)The claims or defenses of the representative parties are typical of the claims or defenses of the class;

(4)The representative parties will fairly and adequately protect the interests of the class; and (5) The suit is not against this state for the recovery of a tax imposed by chapter 10-39 , 10-39A , 10-43 , 10-44 , 10-45 , 10-46 , 10-46A , 10-46B , or 10-52 .

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One or more members of a class may sue or be sued as representative parties on behalf of all only if: (1) The class is so numerous that joinder of all members is impracticable; (2) There are questions of law or fact common to the class; (3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; (4) The representative parties will fairly and adequately protect the interests of the class; and (5) The suit is not against this state for the recovery of a tax imposed by chapter 10-39 , 10-39A , 10-43 , 10-44 , 10-45 , 10-46 , 10-46A , 10-46B , or 10-52 .

Legislative History

SDC 1939 & Supp 1960, § 33.0410; SD RCP, Rule 23 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1982, ch 99, § 9; SL 1985, ch 15, § 31.