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South Dakota Questions & Answers
1 Answer | Asked in Adoption and Family Law for South Dakota on
Q: Which form do I need to fill out to petition for adoption for an adult adoption?
Heath Baker
Heath Baker
answered on Apr 20, 2023

Check your county's court website and see if they have any local forms that are required or acceptable. In Riverside County, the court has a local form that provides for all of the needed information. (You could always go to their website and pull the local form for your pleading paper... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for South Dakota on
Q: Do I need a lawyer to change the executor on my will?
John Michael Frick
John Michael Frick
answered on Apr 2, 2023

A will is a relatively simple legal instrument that a reasonably intelligent person ought to be able to prepare on their own without a problem.

Nevertheless, we frequently see situations where a reasonably intelligent person has botched one. I just handled a probate for a man who botched...
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1 Answer | Asked in Landlord - Tenant for South Dakota on
Q: Can I sue my apartment complex for leaving my front door wide open for several hours after they were done inside?

I came home one night from work to find my front door wide open. I checked and nothing was missing but I was still upset. Maintenance had called the day before saying they were going to come take a look at the AC unit as we recently had a bat crawl inside our apartment from the AC unit. I informed... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

I would report it and move on.

You suffered no damages, so what would you be suing for?

This is one of the many reasons I always recommend tenants be present when maintenance workers are inside rented premises. As inconvenient as it may be to miss work, it prevents many potential...
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2 Answers | Asked in Copyright and Intellectual Property for South Dakota on
Q: Is it legally permissible to use text from a public domain book for commercial purposes?

I would like to use the text from a public domain book and print it onto fabric for a project I'm working on. Initially this was to be a personal project, but I'm considering the possibility of using the design for commercial purposes in the future and want to know if it is legal to use... View More

Steve Charles Vondran
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answered on Jan 11, 2023

In the United States, copyright law provides authors and other creators of original works with exclusive rights to their creations. Copyright protection prevents others from reproducing, distributing, or displaying copyrighted works without the permission of the copyright holder. This is an... View More

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1 Answer | Asked in Personal Injury, Civil Rights, Public Benefits and Small Claims for South Dakota on
Q: Looking for a lawyer that takes pro Bono cases

Will tell if I can find a lawyer who takes pro Bono cases.

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. You could go online and look up pro bono attorneys and legal aid attorneys. Personal injury, which is one of your chosen categories, is usually not handled pro bono. However, law firms typically handle such... View More

Q: What happens if I didn't waive my right to a speedy trial and its been over 90 days?

Does case become dismissed?

James L. Arrasmith
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answered on Mar 26, 2024

If you haven't waived your right to a speedy trial and it has been over 90 days, the situation may vary based on the laws in your jurisdiction and the specific circumstances of your case. Generally, the right to a speedy trial is protected by law to prevent undue and lengthy pretrial... View More

1 Answer | Asked in Contracts, Car Accidents and Insurance Bad Faith for South Dakota on
Q: in exclusions, "due and confined to" "wear and tear" and "freezing", means wear items are not covered. Are nw items cov?

We had a rare weather event where it got extremely cold for 3 days and the car sat outside (not confined) and im not sure what happened but now the car is leaking all the oil and antifreeze out of it. The car was not in use when this happened and has not had and mechanical failure, nor any wear... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

A South Dakota attorney could advise best, but your question remains open for a month. It looks like the policy excludes damages from freezing, which sounds like the source of damages here. You could review the policy and get the opinion of a mechanic. Good luck

2 Answers | Asked in Car Accidents for South Dakota on
Q: Can I go for more money?

A drunk driver hit me after passing a red light. I went to the doctor and said everything seems good on xrays, but gave me muscle relaxers and steroids for pain. After weeks from the accident, my chest keeps hurting. His insurance wants to settle $2500 for me including loss of income, and $7500 for... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 15, 2024

Yes.

First, if you are still in pain, you should consider further medical care.

Second, you do not have to accept that offer.

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1 Answer | Asked in Criminal Law for South Dakota on
Q: What's the law about leaving your child 16 and then 16 and under on the interstate by themselves and you got arrested
Robert Kane
Robert Kane
answered on Aug 19, 2023

I am not licensed in South Dakota and I am not going to peruse the criminal statutes looking for the specific crimes that a parent could face for abandoning a child on the interstate, but I bet even in South Dakota it against the law. Of course, other details would help access the situation.... View More

1 Answer | Asked in Criminal Law, Employment Law, Employment Discrimination and Libel & Slander for South Dakota on
Q: A boss told co-workers about private information about my record, what criminal charge is that?

My boss asked his state’s attorney uncle about my personal record, then proceeded to tell my co-workers about it to defame me. For one can his uncle just give him any info on anyone he wants? And if so what happens when he expresses those Private matters to employees?

Robert Kane
Robert Kane
answered on Aug 19, 2023

What private information was disclosed? Most personal information isn't protected. Public records contain a vast array of personal information, including criminal proceedings.

1 Answer | Asked in Business Formation and Business Law for South Dakota on
Q: Employee didnt sign noncompeteCurrently using same trade at another locationBusiness cards promote other location.Legal?

Was hired during covid, that's why the employee got away with working somewhere else. But it can't be okay that they promote the other location at ours. Also, a lot of supplies have gone missing at our location.

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2023

A South Dakota attorney could advise best, but your question remains open for three weeks. It may have gone unnoticed under the Business Law and Business Formation categories. Non-compete agreements are something that employment law attorneys are knowledgeable with. Not all questions here are... View More

1 Answer | Asked in Car Accidents for South Dakota on
Q: I was a backseat passenger in car accident. My phone was retained, and a search warrant for its info were obtained, how?

There were no drugs found in the car, no drugs found in the driver's system, he blew a .02, after having a beer about a half hour earlier, he's over 21. The highway patrol stayed in the hospital until all drug and alcohol tests performed, was given the negative results immediately. The... View More

T. Augustus Claus
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answered on Jul 14, 2023

Law enforcement can obtain a search warrant for a cell phone if they believe it contains evidence related to the accident or other criminal activity. They need to demonstrate probable cause to a judge to obtain the warrant. If you have concerns, consult with a lawyer for guidance based on your... View More

Q: Hate is a big word of something that you would never think could really happen to someone because they have age. Pain, h
James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry, it seems like the message got cut off. Can you please provide more context or complete your message?

1 Answer | Asked in Probate for South Dakota on
Q: If a person dies can the persons vehicle be used before the probate? Must the vehicle be parked?
Nina Whitehurst
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answered on Mar 2, 2023

It is best to refrain from using the vehicle until insurance is secured for the estate and for each person who might be driving it. If anyone drives it and causes an accident, that person would be liable to the estate for all harm to the estate.

1 Answer | Asked in Real Estate Law for South Dakota on
Q: In Southdakota wthere are multiple owners listed on real-estate and one dies,Does the property have to go through probat
Anthony M. Avery
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answered on Jan 25, 2023

You will need to hire a competent SD attorney to search the title and determine ownership first. Then decide if Probate is needed.

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for South Dakota on
Q: If I got into a car accident that wasn’t my fault and got a no insurance ticket, but now have my own car with insurance

I only got a no insurance ticket for my parents car, but now have my own car with insurance. No other tickets were given to me. What should I do?

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2022

A South Dakota attorney could advise best, but your question remains for two weeks. In terms of your question on what you should do, there are a number of issues to sort out here. I hope no one was injured here, but if you were, reach out to attorneys to discuss your options there. Without... View More

1 Answer | Asked in Arbitration / Mediation Law for South Dakota on
Q: Am I still bound by an arbitration clause if the author of the contract is the one in breech of said contract?

Service contract includes an arbitration clause, and states I must seek arbitration in South Dakota. The author is the one in breech of said contract and I live in California.

David H. Relkin
David H. Relkin
answered on Jul 25, 2022

You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for South Dakota on
Q: Does South Dakota have any hours in which operation of a PWC (Jet-Ski) is prohibited / requires additional requirements?

Are there any hours or times in SD in which operation of a Jet-Ski is prohibited, or certain things are required (ex. headlights, additional licensing, etc...)?

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. Only a local attorney familiar with your state's regulations could advise here, but nationwide, there are safety courses, programs, and other online resources with information on the operation of personal... View More

1 Answer | Asked in Car Accidents for South Dakota on
Q: How would I go about a lawsuit ? and How would we use a lawyer

My wife was parked in Colorado at a gas station and a driver backed hard into her then drove off. There were cameras and cops were called, but she lives in South Dakota since we are military and We are confused on how this process works.

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2022

A Colorado attorney could probably advise best, but your question remains open for a week. I'm sorry about your wife's accident; I hope she is okay. If she was injured, she could reach out to Colorado attorneys to discuss. Free initial consults are the norm in the industry. You could... View More

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