South Dakota § 57A-3-119 Notice of right to defend action.

South Dakota Statutes

§ 57A-3-119 — Notice of right to defend action.

South Dakota § 57A-3-119

Title 57AUNIFORM COMMERCIAL CODE

Ch. 57ANEGOTIABLE INSTRUMENTS

This text of South Dakota § 57A-3-119 (Notice of right to defend 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 § 57A-3-119 (2026).

Text

In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 57A-4 , the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.

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In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 57A-4 , the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.