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·Title 15 CIVIL PROCEDURE·Ch. 15 RULES OF PROCEDURE IN CIRCUIT COURTS

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 .

South Dakota § 15-6-23(a) (Prerequisites to a class action.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.