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South Dakota Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for South Dakota on
Q: Can a city's insurance attorney represent a towtruck owner hired by the city in a civil lawsuit

Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit

James L. Arrasmith
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answered on Feb 26, 2024

Typically, a city's insurance attorney would represent the interests of the city in legal matters, including civil lawsuits. While it's possible for an attorney to represent multiple parties in certain circumstances, there may be conflicts of interest that prevent them from representing a... View More

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

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