South Dakota Statutes
§ 58-12-3.1 — Separate hearing on attorney fees--Adding to judgment--Time allowed to request hearing.
South Dakota § 58-12-3.1
This text of South Dakota § 58-12-3.1 (Separate hearing on attorney fees--Adding to judgment--Time allowed to request hearing.) 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 § 58-12-3.1 (2026).
Text
The determination of entitlement to an allowance of attorney fees as costs and the amount thereof under § 58-12-3 shall be made by the court or the Department of Labor and Regulation at a separate hearing of record subsequent to the entry of a judgment or award in favor of the person making claim against the insurance company, and, if an allowance is made, the amount thereof shall be inserted in or added to the judgment or award. Such a hearing shall be afforded upon the request of the claimant made within ten days after entry of the judgment or award.
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Related
Johnson v. Skelly Oil Co.
359 N.W.2d 130 (South Dakota Supreme Court, 1984)
Cozine v. Midwest Coast Transport, Inc.
454 N.W.2d 548 (South Dakota Supreme Court, 1990)
Rumpza v. Donalar Enterprises, Inc.
1998 SD 79 (South Dakota Supreme Court, 1998)
Ofstad v. South Dakota Department of Transportation
387 N.W.2d 539 (South Dakota Supreme Court, 1986)
All Nation Insurance Co. v. Brown
344 N.W.2d 493 (South Dakota Supreme Court, 1984)
Triple U Enterprises, Inc. v. New Hampshire Insurance
576 F. Supp. 798 (D. South Dakota, 1983)
Christine L. Kirchoff v. American Casualty Company, of Reading, Pennsylvania Cna Insurance Companies, Christine L. Kirchoff v. American Casualty Company, of Reading, Pa Cna Insurance Companies
997 F.2d 401 (Eighth Circuit, 1993)
LodgeNet Entertainment Corp. v. American International Specialty Lines Insurance
299 F. Supp. 2d 987 (D. South Dakota, 2003)
Sentell v. Farm Mutual Ins.
956 N.W.2d 826 (South Dakota Supreme Court, 2021)
Lewis v. South Dakota State Department of Transportation
2003 SD 82 (South Dakota Supreme Court, 2003)
Kirchoff v. American Casualty Co. of Reading
997 F.2d 401 (Eighth Circuit, 1993)
Thompson v. National Union Fire Insurance Company of Pittsburg
(D. South Dakota, 2021)
Legislative History
SL 1973, ch 298; SL 2011, ch 1 (Ex. Ord.
Nearby Sections
15
§ 58-1-1
Citation of title.§ 58-1-11
General saving clause.§ 58-1-13
Severability of provisions.§ 58-1-14
Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.§ 58-1-14.1
Notice of refusal to renew--Thirty§ 58-1-16.1
Applicability of §§ 58-1-18
Repealed by SL 2012, ch 252, § 30.§ 58-1-2
Definition of terms.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 58-12-3.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/58-12-3.1.