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HB 1278 revise the definition of barratry.

State of South Dakota  
SEVENTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY,  2001
 

400E0809  
HOUSE STATE AFFAIRS COMMITTEE ENGROSSED   NO. HB 1278   -   02/15/2001  

        Introduced by: The Committee on State Affairs at the request of the Governor  


         FOR AN ACT ENTITLED, An Act to  revise the definition of barratry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 20-9-6.1 be amended to read as follows:
     20-9-6.1.   Barratry is the assertion of a frivolous or malicious claim or defense or the filing of any document with malice or in bad faith by a party in a civil action under Title 15 . Barratry constitutes a cause of action which may be asserted by filing a pleading in the same civil action in which the claim of barratry arises or in a subsequent action. A claim of barratry shall be determined in the same manner as any other substantive cause of action asserted in that civil action.


450 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.021 per page.
  .   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.