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South Dakota Questions & Answers
0 Answers | Asked in Criminal Law and Civil Litigation for South Dakota on
Q: Can I countersue that the opposing party pays my travel expenses for out of state court summoning or for other damages?

I am being sued in small claims court for rent money I was told I don't need to pay (I have written proof), and for time that I did not even live in the unit. I can deny the claim and not pay the unreasonable request for money but accrue all types of travel expenses for out-of-state court... View More

0 Answers | Asked in Criminal Law and Constitutional Law for South Dakota on
Q: Does a restoration of firearm rights in Minnesota transfer over to South Dakota?

I have a felony conviction in Minnesota from 2010, I completed the terms of my sentence in June of 2011. About two years ago I was granted a restoration of my firearm rights by a judge in Minnesota. I currently live in South Dakota and I was wondering if South Dakota will honor the firearm rights... View More

1 Answer | Asked in Communications Law for South Dakota on
Q: On my cell phone. Is it legal for me to record all my incoming & outgoing calls?
T. Augustus Claus
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answered on Feb 9, 2024

In South Dakota, it is generally legal to record your own telephone conversations if you are one of the parties involved in the call. South Dakota law follows the federal wiretapping statute, which is a "one-party consent" law. This means that at least one party involved in the... View More

0 Answers | Asked in Divorce for South Dakota on
Q: In the event of a divorce what happens to real estate that is a contract for deed under the name of one spouse only

This contract for deed has two other parties listed and all 3 is a right of survivorship.

0 Answers | 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

0 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for South Dakota on
Q: If I can't find a lawyer to help me due to no finances, how can I fight my spouse in court during a divorce?

I was told by my spouse on Friday, which seems to be there thing because you have the weekend to dwell and stress because everyone's closed on the weekend and you have no money to afford a real lawyer, that they filed for divorce on Wednesday. But didn't tell you because they say you did... View More

0 Answers | Asked in Domestic Violence for South Dakota on
Q: How do I find out if I'm a victim, the perpetrator, or both if no one will tell me?

I have had a really difficult past several months with my spouse, and was very affectionate to the point they said they don't like the affection. They're not that type of person. Only to find out some suspicious activity you were suspicious about, to confront them to have them freak out... View More

0 Answers | Asked in Divorce for South Dakota on
Q: How can I quickly find a free divorce attorney when I have been trying for months?

I have been struggling with issues in trying to talk to a lawyer regarding my very complex situation. I have a lot of questions, but no one answers. Not unless I pay them. No attorney will even talk to me. I haven't spoken with an actual attorney, and I've been trying for what seems like... View More

1 Answer | Asked in Civil Rights and Criminal Law for South Dakota on
Q: Is medical neglect while in county jail a possible case worthy of taking action. I almost died from my diabetes and cops

Q: I have been trying to find out information about my identity being stolen and having my life threatened in jail.

I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars... View More

James L. Arrasmith
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answered on Jan 31, 2024

Experiencing medical neglect while in custody, especially when it leads to a life-threatening situation like the one you described with your diabetes, can indeed be grounds for taking legal action. The failure of law enforcement officials, including the chief of police, to provide necessary medical... View More

1 Answer | Asked in Civil Rights, Collections, Identity Theft and Small Claims for South Dakota on
Q: I have been trying to find out information about my identity being stolen and having my life threatened in jail.

I had a hypoglycemic episode in Brule County Jail. The chief of police didn't call the ambulance for 3 hours and spilled a can of soda on my hands to make my bloodsugars read above 500 when they were below 30. I am under a watchful eye by the local authorities and the people who benefit from... View More

James L. Arrasmith
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answered on Jan 30, 2024

The situation you describe raises serious concerns regarding the treatment you received while in custody, and the subsequent impact on your life. It's important to understand that everyone has the right to proper medical care and humane treatment, especially when in the custody of law... View More

1 Answer | Asked in Criminal Law and Domestic Violence for South Dakota on
Q: What can I (victim) do to drop Agg. Assault domestic charge dropped on BF?

My Boyfriend & I were having a disagreement about child support. I seen his hand placed inside his jacket, I asked him to take his hand out & when he did he had his gun in his hand lowering it to his side. Never pointed at me or made reference to it. I told him to put his gun away & he... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 17, 2024

This matter is largely out of your hands. The decision as to whether to move forward on a case that has been charged belongs to the prosecutor. You may certainly speak to the prosecutor as you are an essential witness. However, the prosecutor can still make a judgment as to whether or not they... View More

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 Civil Litigation, Civil Rights, Estate Planning and Real Estate Law for South Dakota on
Q: Can a personal representative of an estate appear for the estate in a proceeding in Third Judicial coUrt in South Dakota

I am a personal representative for my father's estate. my city is suing my brother, the family business and my father's estate regarding a building we are in the process of demoing. Can I appear as the representative or do we need a lawyer to represent the estate?

James L. Arrasmith
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answered on Jan 10, 2024

In South Dakota, as in many states, a personal representative of an estate generally cannot represent the estate in legal proceedings unless they are a licensed attorney. This is because appearing in court and advocating on behalf of an estate is considered the practice of law, and non-attorneys... View More

1 Answer | Asked in Civil Litigation for South Dakota on
Q: Filed a federal lawsuit is it 60 days or 90 days to have the defendants served their summons
T. Augustus Claus
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answered on Dec 28, 2023

In South Dakota, when you file a federal lawsuit, you typically have 90 days to serve the summons and complaint to the defendants. This period allows sufficient time to notify the defendants about the legal action brought against them. Proper service is crucial for the court to proceed with the... View More

1 Answer | Asked in Landlord - Tenant for South Dakota on
Q: It has been 3 weeks since the end of the lease & no deposit has been returned. What legal recourse can we take?

Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take.

T. Augustus Claus
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answered on Dec 27, 2023

In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have... View More

1 Answer | Asked in Consumer Law for South Dakota on
Q: I bought a licence from a company. They are discontinuing the product and making the same thing "Validated".

Is it legal for them to refuse to give me credit for this "new" material?

T. Augustus Claus
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answered on Dec 20, 2023

If you purchased a license for a product from a company in South Dakota, and they are discontinuing it while introducing a similar one called "Validated," whether they are legally required to provide you with credit for the new material depends on the terms of the original license... View More

Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag

I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.

James L. Arrasmith
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answered on Dec 19, 2023

When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could... View More

1 Answer | Asked in Criminal Law for South Dakota on
Q: Will walmart call cops on my child for stealing with only camera footage, never caught in store

Walmart took my kid into loss prevention recently claimed they had several different video footages of him stealing worth over 1700 or something like that. Had him sign a form saying he wouldn't trespass again and let him go. Will he get arrested for it later He's 23 with no criminal record at all

Scott James
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Scott James
answered on Dec 6, 2023

Ultimately, this is up to Wal Mart if they are going to make a report with the local police concerning the theft allegations. In South Dakota, you have up to 7 years to file a criminal case on a misdemeanor or felony charge. It sounds like if he comes back to the Wal Mart or has additional issues... View More

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