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South Dakota Questions & Answers
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

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

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

1 Answer | Asked in Business Formation, Business Law and Native American Law for South Dakota on
Q: how can i protect my self from someone who is writing my grants for my treatment

he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and... View More

James L. Arrasmith
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answered on Nov 7, 2023

To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and... View More

1 Answer | Asked in Native American Law for South Dakota on
Q: My husband passed away October 7 2023 his half sister filed an injunction in Tribal Court in Pine Ridge South Dakota.

Husband was a Army Vet. She even got his flag I feel so disrespected.i

James L. Arrasmith
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answered on Oct 26, 2023

I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or... View More

1 Answer | Asked in Social Security for South Dakota on
Q: i got to repay ssa for my disability while i worked in 2022. why do i have to repay the entire monthly payment?
James L. Arrasmith
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answered on Oct 22, 2023

he Social Security Administration (SSA) has specific income limits for individuals receiving disability benefits. If you exceed these limits due to work, the SSA may consider you as performing "Substantial Gainful Activity" (SGA). If the SSA determines that you were engaging in SGA during... View More

Q: Is it still a lost cause if bad faith is against all insureds employes under your employer's policy?

I work for a corporate chain of retail market outfitters with stores in multiple states, and their Workman's comp Insurer acts in bad faith as a normal practice against the majority of injured employees. Does this constitute an intentional tort, or a direct third-party lawsuit against the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

A South Dakota attorney could advise best, but your question remains open for two weeks. I believe it would be very difficult. If you're talking about things like denying claims or playing hardball, that's the nature of the insurance industry. That's my individual opinion - you could... View More

2 Answers | Asked in Bankruptcy for South Dakota on
Q: I got a letter from my second mortgage saying I need to make a ballon payment soon. No way I can afford it or even close

My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2023

Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.

An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be...
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1 Answer | Asked in Divorce and Family Law for South Dakota on
Q: Can you move to south Dakota for a weekend to file for divorce there?

Current state NC, husband in agreement

T. Augustus Claus
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answered on Sep 11, 2023

While it's possible to establish residency in South Dakota relatively quickly, moving there for a weekend solely for the purpose of filing for divorce may not be straightforward or advisable in all cases. The specific requirements for residency to file for divorce can vary from state to state,... View More

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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