South Dakota Questions & Answers by Practice Area


  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
  • Appeals / Appellate Law
  • Arbitration / Mediation Law
  • Banking
  • Broker Fraud
  • Business Formation
  • Business Law
  • Car Accidents
  • Child Custody
  • Child Support
  • Civil Litigation
  • Civil Rights
  • Collections
  • Communications Law
  • Constitutional Law
  • Construction Law
  • Domestic Violence
  • Education Law
  • Elder Law
  • Election Law
  • Employment Discrimination
  • Energy, Oil and Gas
  • Entertainment / Sports
  • Environmental
  • Federal Crimes
  • Gaming
  • Gov & Administrative Law
  • Government Contracts
  • Health Care Law
  • Identity Theft
  • Insurance Bad Faith
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Internet Law
  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
  • Municipal Law
  • Native American Law
  • Nursing Home Abuse
  • Patents
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

South Dakota Questions & Answers

Q: We are strictly a local business in SD, and we want to trademark "Handcrafted In the Name of Beer" but "In the Name of..

1 Answer | Asked in Trademark for South Dakota on
Answered on Nov 17, 2017

You may be able to register a state level trademark, assuming the other company has a state level trademark and not a national level trademark. It is also possible that there may be an error in the other company's trademark filing or that you have superior rights to the mark based on prior use. I would speak with a trademark attorney to see what your options are.
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Q: We are wanting to trademark a slogan for our company, "Handcrafted In the Name of Beer" but "In the Name of Beer"

1 Answer | Asked in Trademark for South Dakota on
Answered on Nov 16, 2017

This would most likely lead someone to confusion between the marks and as such, you should probably find a different name.

As always, please read the disclaimers below.
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Q: Can a person refile charges after they were dropped, who lied to police in the 1st place? Criminal Law

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Oct 16, 2017

What's the nature of charges? When levelled first time and when dropped? Charges dropped by the police or at the court? Did police know that earlier charges were dropped?

Please elaborate your question.
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Q: Who pays insurance claim for a minor that was in an accident?What happens when the minor becomes 18 & claim isn't paid 4

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for South Dakota on
Answered on Oct 9, 2017

The parents are technically responsible.You may want to pay it if you can. Start by figuring what the bill was (I'm assuming you are at fault because you say so). If you pay you want a release of all claims.
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Q: I am needing to file bankruptcy. How much does it cost? Can we go from my credit report if I dont have bills?

1 Answer | Asked in Bankruptcy for South Dakota on
Answered on Sep 26, 2017

Get to a local bankruptcy counsel asap. Perhaps he/she can get you an emergency or "bare Bones" filing before the wage garnishment starts. Fees vary in regions. Most counsel will import a Credit Report to make sure everything is listed on the Petition.
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Q: I intend to pay off mortgage on my son's house to prevent mortgage svc company from foreclosing and losing his equity.

1 Answer | Asked in Real Estate Law and Tax Law for South Dakota on
Answered on Sep 19, 2017

Not if everything goes through as planned.
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Q: Dan has 28yr old son with diff person other than w/ his spouse Jan with their 2 minor children. No will. Who inherits?

1 Answer | Asked in Estate Planning for South Dakota on
Answered on Aug 1, 2017

All of the above potentially. It depends on how much value there is in Probate and who else might be owed money.

The laws of intestacy in the state where "Dan" lived will govern, and most states provide spouse and minor children are first in line, but if there are LEGAL children who are not the issue of the surviving spouse, then there is a provision for them too.

Without more facts it is impossible to say

--This answer is provided for information only, and should not...
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Q: My lawyer retired without finishing my bankruptcy case. How do I get a hold of a certified copy of the dismissal form?

1 Answer | Asked in Bankruptcy for South Dakota on
Answered on Apr 30, 2017

Your question doesn't make sense. Once a lawyer files your bankruptcy case, he is stuck with you until he officially withdraws from the case or the case is dismissed or discharged.

He can't just retire and walk away.

Anyway, assuming your case is dismissed, you need to contact the Clerk of Bankruptcy Court where your bankruptcy case was filed.

That Clerk will tell you what you have to do to get a copy of the Order of Dismissal.

It's entirely possible your case...
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Q: pictures where taken with consent why else could they charge a person with this

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Nov 5, 2016

What is your question?

Q: Hello, Can I file for green card together with my wife who is now working under TPS status? Thanks

1 Answer | Asked in Immigration Law for South Dakota on
Answered on Aug 3, 2016

You can not apply for a green card for your wife when you do not have one, you did mention you are applying under EB2 but there is no guarantee that your petition might be approved. You can only apply after yours gets approved.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be...

Q: Can you sue a person who is aware they are infected with a STD and they knowingly or intentionally infect multiple peopl

1 Answer | Asked in Personal Injury for South Dakota on
Answered on Dec 28, 2015

Definitely worth having a personal injury lawyer look at the case. There may be a viable claim.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

Q: If i build a drift trike at home and then sell it saying i built it at home, am i liable for any injuries they may have?

1 Answer | Asked in Products Liability for South Dakota on
Answered on Dec 28, 2015

Anyone can sue for anything, but doesn't mean they will win. More info is needed to answer in detail

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a...

Q: Do I need to pay for days downtime to repair car wash I damaged?

1 Answer | Asked in Car Accidents for South Dakota on
Answered on Nov 13, 2015

Turn it over to your insurance company.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...

Q: I was wondering if there is anything I can do to get my felony drug conviction reduced. I have finished my sentence

1 Answer | Asked in Criminal Law and Native American Law for South Dakota on
Answered on Nov 2, 2015

Probably not at this stage. Perhaps you should have a full discussion with a post conviction relief attorney in Albequerque

Q: how are sealed bids received and filed to make sure they do not pass the deadline

1 Answer | Asked in Consumer Law for South Dakota on
Answered on Oct 27, 2015

Doesn't the bid have a date on it? That would be a big mistake, eh?

Q: What are the steps for filing an appeal with supreme court

1 Answer | Asked in Constitutional Law for South Dakota on
Answered on Oct 20, 2015

File a notice of appeal, designate a record for the appeal, prepare an initial brief, most likely.

Q: I am 17 on A CHINS petition. what are the requirements for it to be void in south dakota

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Oct 18, 2015

You asked this in the criminal law forum. It is not a basic legal question, but one that requires research. Go see a local attorney.

Q: An attorney was requested before agents conducted an interview by the suspect but wasn't allowed and is this a violation

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Oct 13, 2015

It is probably too late to complain about this now. But go see a local criminal defense attorney to have a full discussion and figure out what options you might have.

Q: Is there a lawful Reminds office in Sioux falls that could look at un lawful indictments

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Aug 26, 2015

What is a lawful Reminds office? You probably need to go see a criminal defense attorney about this.

Q: Has any wife been convicted in South Dakota of raping her husband?

1 Answer | Asked in Criminal Law for South Dakota on
Answered on Aug 25, 2015

Your question requires legal research to answer. He should be willing to tell his attorney about it whether any wife has been convicted or not. Why is it that you are asking instead of him?

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