South Dakota § 33-6-4 Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs.

South Dakota Statutes

§ 33-6-4 — Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs.

South Dakota § 33-6-4

Title 33MILITARY AFFAIRS

Ch. 33-5PRIVILEGES AND EXEMPTIONS OF GUARD MEMBERS

This text of South Dakota § 33-6-4 (Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and 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 § 33-6-4 (2026).

Text

If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under authority or order of the member, or by virtue of any warrant issued by the member pursuant to law, the judge advocate general, or some other officer designated by the Governor, shall appear for the member, and the plaintiff in the suit may be required to file security for the payment of the costs that may be incurred by the defendant in the suit or proceedings. If the plaintiff is nonsuited or if a verdict or judgment is rendered against the plaintiff, the defendant shall recover double costs and such attorney fees 

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If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under authority or order of the member, or by virtue of any warrant issued by the member pursuant to law, the judge advocate general, or some other officer designated by the Governor, shall appear for the member, and the plaintiff in the suit may be required to file security for the payment of the costs that may be incurred by the defendant in the suit or proceedings. If the plaintiff is nonsuited or if a verdict or judgment is rendered against the plaintiff, the defendant shall recover double costs and such attorney fees as the court allows. The fees shall in the first instance be paid by the state and refunded by the defendant upon collection of the judgment.

Legislative History

SL 1887, ch 100, § 55; CL 1887, § 1971; RPolC 1903, § 2508; SL 1903, ch 185, § 71; SL 1917, ch 297, § 73; RC 1919, § 10633; SDC 1939, § 41.0181; SL 2007, ch 187, § 66.