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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
| 772H0631 |
HOUSE BILL
NO.
1175
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Introduced by:
Representative McCaulley and Senator Bogue
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FOR AN ACT ENTITLED, An Act to
allow punitive damages in a barratry action.
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. 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. Punitive damages may be awarded on a claim of barratry.
350 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.027 per page. . Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated byoverstrikes.
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. 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. Punitive damages may be awarded on a claim of barratry.
Legislative Research Council at a cost of $.027 per page. . Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by
