TITLE 21
JUDICIAL REMEDIES
Chapter
01 Actions For Damages Generally
02 Damages For Breach Of Contract
03 Damages For Torts
03A Periodic Payments Of Certain Judgments And Settlements
03B Structured Settlements
04 Actions For Breach Of Promise And Seduction [Repealed]
05 Wrongful Death Actions
06 Recovery Of Gambling Losses
07 Actions For Waste
08 Injunction
09 Actions For Specific Performance
10 Remedies Against Nuisances
10A Remedies For Protection Of Environment [Transferred]
11 Revision Of Contracts
12 Rescission Of Contracts
13 Cancellation Of Instruments
14 Actions For Recovery Of Property
15 Claim And Delivery Of Personal Property
16 Forcible Entry And Detainer
17 Attachment Of Property [Repealed]
17A Attachment Of Property
18 Garnishment Of Debts And Property
19 Claim Of Homestead And Personal Property Exemptions
20 Relief Against Oppressive Levies
21 Receivership
22 Administration Of Trust Estates
23 Judicial Sales
24 Declaratory Judgment
25 Submission Of Stipulated Case [Repealed]
25A Enforcement Of Arbitration Agreements
25B Arbitration Agreements Relating To Medical Services
26 Confession Of Judgment
27 Habeas Corpus
28 Remedies In Nature Of Quo Warranto And Scire Facias
29 Writ Of Mandamus
30 Writ Of Prohibition
31 Certiorari
32 Remedies Against The State
32A Remedies Against Public Entities
33 Appeals From Administrative Agencies [Repealed]
34 Administrative Process Enforced Under Contempt Powers
35 Condemnation Under Power Of Eminent Domain
36 Actions For Escheat Of Property
37 Change Of Name
38 Restoration Of Public Records
39 Determination Of Heirship
40 Boundary Determinations
41 Actions To Quiet Title To Real Property
42 Actions To Quiet Tax Title
43 Actions To Determine Claims To Personalty And To Release Surety
44 Termination Of Life Estates
45 Partition And Sale Of Real Estate
46 Partition And Sale Of Personal Property
47 Actions To Foreclose Real Property Mortgages
48 Foreclosure Of Real Property Mortgage By Advertisement
48A Nonjudicial Voluntary Foreclosure
49 Short-Term Redemption Mortgages
50 Foreclosure Of Real Estate Contracts
51 Discharge Of Recorded Liens And Real Estate Contracts
52 Redemption From Sale On Execution Or Foreclosure
53 Actions To Foreclose Liens On Personal Property
54 Foreclosure Of Personal Property Liens And Pledges By Advertisement
55 Actions For Wrongful Life Prohibited
56 General Provisions
57 Recovery Of Damages For Instruments Not Paid Upon Presentment
58 Limited Liability For Manufacture, Distribution Or Sale Of Firearms
59 Limited Liability For Year 2000 Litigation [Repealed]
60 Action For Destruction Of Field Crops, Animals And Organisms
61 Commonsense Consumption
62 Prisoners' Actions
63 Aviation Product Liability
64 Unauthorized Commercial Use Of Personality's Right Of Publicity
65 Protection Of Vulnerable Adults
66 Asbestos Trust Claims
67 Uniform Civil Remedies For Unauthorized Disclosure Of Intimate Images Act
68 Limitation Of Liability For Exposure To Covid-19
21-1-1
Right to damages for detriment from unlawful act or omission of another.
21-1-2
Nominal damages for breach of duty without detriment.
21-1-3
Damages to be reasonable.
21-1-4
Exemplary or penal damages only as provided--Interest on damages.
21-1-4.1
Discovery and trial of exemplary damage claims.
21-1-5
Damages for breach of obligation not to exceed gain from full performance--Exceptions.
21-1-6
Market value considered in estimating damage to property.
21-1-7
Market value considered in estimating damages for deprivation of possession of
property.
21-1-8
Peculiar value of property to plaintiff considered in damages against defendant with
notice or willful wrongdoer.
21-1-9
Value of instrument presumed equal to value of property represented.
21-1-10
Damages awarded for detriment after commencement of action.
21-1-11
Repealed.
21-1-12
Acceptance of principal as waiver of interest.
21-1-13
Repealed.
21-1-13.1
Interest on damages--Prejudgment interest--Retroactive application.
21-1-13.2
Application of interest statutes.
21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution
award.
21-1-15
Definitions.
21-1-16
Residential construction defects--Notice and opportunity to remedy--Time for
inspection and offer to repair or compensate.
21-2-1
General measure of damages for breach of contract--Uncertain damages not
recovered.
21-2-2
Damages for breach of obligation to pay money.
21-2-3
Damages for breach of agreement to convey real property.
21-2-4
Damages for breach of agreement to purchase real property.
21-2-5
Damages for breach of covenant in grant of real property.
21-2-6
Damages for breach of covenant against encumbrances.
21-2-7
Damages for breach of warranty of agent's authority.
21-2-8
Damages for carrier's failure to accept freight, messages or passengers.
21-2-9
Damages for carrier's failure to deliver freight.
21-2-10
Damages for carrier's delay in delivery of freight.
CHAPTER 21-3
DAMAGES FOR TORTS
21-3-1 General measure of damages for breach of noncontractual obligation--Foreseeability not required.
21-3-2 Punitive damages in discretion of jury.
21-3-3 Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.
21-3-4 Lien holder's damages for conversion of personal property.
21-3-5 General measure of damages for wrongful occupation of real property.
21-3-6 Treble damages for forcible exclusion from real property.
21-3-7 Double damages for failure of tenant to give up premises after notice of intention.
21-3-8 Double damages for holding over by tenant after expiration of term and notice to quit.
21-3-9 Measure of damages for holding over real property by conservator, trustee, or life tenant.
21-3-10 Damages for wrongful injury to trees and plants.
21-3-11 Limitation on damages for medical malpractice.
21-3-11.1 Legislative findings--Revival of § 21-3-11.
21-3-12 Evidence of special damages insurance from certain collateral sources admissible in personal injury actions for health care malpractice.
21-3-13 Limitation of damages recoverable for injury or death of rodeo contestant.
21-3-14 Local law where personal injury occurs determines survival of claim.
21-3-15 Limitation of damages recoverable for injury or death resulting from negligence of child welfare agency.
21-3A-1
Definition of terms.
21-3A-1.1
Purposes of chapter.
21-3A-1.2
Applicability of chapter.
21-3A-2
Action for bodily injury--Effective election--Objection to election--Time
requirements--Action not tried under chapter--Withdrawal of election.
21-3A-3
Calculation of damages by trier of fact.
21-3A-4
Evidence and calculation of future damages--Jury instructions concerning future
damages.
21-3A-5
Judgment entered on verdict requiring special damages.
21-3A-6
Judgment for periodic installments--Adjustment--Index factor--Schedule of
payments.
21-3A-7
Security authorized for payment of judgment for periodic installments.
21-3A-8
Posting of security by judgment debtor or insurer--Failure to comply--Right to
lump-sum payment--Wrongful death action--Right of reimbursement.
21-3A-9
Discount factor.
21-3A-10
Survivorship of liability for installment payments--Wrongful death action--Qualifying survivor defined.
21-3A-11
Satisfaction of judgment and discharge of debtor.
21-3A-12
Rules established by director of Division of Insurance.
21-3A-13
Provisions of chapter severable.
21-3B-1
Definitions.
21-3B-2
Transferee to provide disclosure statement--Information required.
21-3B-3
Transfer effective only upon order of court or administrative authority--Findings
required.
21-3B-4
Rights and obligations following transfer.
21-3B-5
Application for approval of transfer to be made by transferee--Venue--Notice of
proposed transfer.
21-3B-6
Payee may not waive provisions.
21-3B-7
Disputes decided under state law.
21-3B-8
Life-contingent payments not to be transferred--Exception.
21-3B-9
No payee liability for failure to comply with chapter.
21-3B-10
Effect of chapter on existing laws and transfer agreements.
21-3B-11
Transferee solely responsible for certain requirements.
21-3B-12
Applicability of chapter.
21-5-1
Liability for wrongful death where damages for injury could have been recovered--Unborn child.
21-5-2
Causes of action surviving death of defendant.
21-5-3
Limitation of actions.
21-5-4
Foreign statute of limitations applicable.
21-5-5
Relatives for whose benefit action brought--Personal representative to bring action.
21-5-6
Settlement of claim by personal representative--Court approval required--Consent by
competent beneficiaries.
21-5-7
Damages proportionate to pecuniary injury to beneficiaries.
21-5-8
Apportionment of damages among beneficiaries.
21-5-9
Worker's compensation law governs where applicable.
21-6-1
Action by loser for recovery of losses--Persons liable--Limitation of actions.
21-6-2
Action by state's attorney for benefit of spouse, minor children or public schools.
21-7-1
Action for waste against conservator or tenant--Treble damages and eviction from
premises.
21-7-2
Extent of injury or malice required to justify forfeiture and eviction.
21-8-1
Kinds of injunctive relief.
21-8-2
Purposes for which injunction prohibited.
21-8-3
Provisional writ abolished--Temporary restraining order and preliminary
injunction substituted.
21-8-4, 21-8-5.
Repealed.
21-8-6
Restraining order or preliminary injunction to prevent disposal of property during
pendency of action.
21-8-7
Notice required before restraining order or preliminary injunction to suspend
corporate business.
21-8-8
Repealed.
21-8-9
Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.
21-8-10, 21-8-11. Repealed.
21-8-12
Order granting restraining order or preliminary injunction.
21-8-13
Repealed.
21-8-14
Circumstances permitting grant of permanent injunction.
21-8-15
Permanent injunction by judgment or decree in civil action--Procedure.
21-8-16
Judicial power to restrain or enjoin violations of obscenity laws.
21-8-17
Notice and trial before injunction to enforce obscenity laws--Orders to deliver
and destroy obscene matter.
21-8-18
Sale of obscene matter to adults not to be enjoined--Destruction not ordered
unless matter disseminated to minors.
21-9-1
Performance may be compelled except as provided.
21-9-2
Obligations and agreements not specifically enforceable.
21-9-3
Unfair and unreasonable contracts not specifically enforceable.
21-9-4
Mutuality of remedy or full performance by plaintiff required for specific
performance.
21-9-5
Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
21-9-6
Clear title required for specific performance of agreement to purchase property.
21-9-7
Real property obligation enforceable against successor in interest--Good faith
purchaser--Exoneration by conveyance.
21-9-8
Performance or offer to perform in lieu of signature of written contract.
21-9-9
Adequacy of compensation for failure to transfer property.
21-9-10
Compelling delivery of personal property to person entitled to possession.
21-9-11
Specific enforcement of penalty not permitted--Contract enforceable despite penalty
or liquidated damages clause.
CHAPTER 21-10
REMEDIES AGAINST NUISANCES
21-10-1 Acts and omissions constituting nuisances.
21-10-2 Acts under statutory authority not deemed nuisance.
21-10-3 Public and private nuisances defined.
21-10-4 Public nuisance not legalized by lapse of time.
21-10-5 Remedies against nuisances enumerated.
21-10-6 Abatement of nuisance--Notice required--Taxing cost of abatement--Civil action.
21-10-7 Damages for past injury recoverable after abatement.
21-10-8 Liability of successive owners for continuing nuisance.
21-10-9 Persons entitled to maintain civil action against nuisance--Injunction and damages recoverable.
21-10-10 House of ill fame declared nuisance--Injunction and abatement.
21-10-11 State's attorney or citizen entitled to maintain action for injunction against house of ill fame.
21-10-12 Temporary injunction against house of ill fame--Proof required--Notice to defendant.
21-10-13 Binding effect on defendant of injunction against house of ill fame--Violation as contempt.
21-10-14 Approval required for dismissal of action against house of ill fame--Substitution of parties plaintiff.
21-10-15 Action against house of ill fame triable at first term of court--Evidence of reputation admissible.
21-10-16 Costs taxable to plaintiff on finding of no reasonable ground.
21-10-17 Order of abatement against house of ill fame--Removal and sale of property--Building closed--Use of building as contempt.
21-10-18 Officer's fees for enforcing order of abatement against house of ill fame--Proceeds of sale of property.
21-10-19 Release of property to owner on payment of costs and filing of bond--Conditions of bond--Effect of release.
21-10-20 Punishment of violations of injunction--Arrest and trial--Penalty.
21-10-21 21-10-21 to 21-10-24. Repealed by SL 2014, ch 108, §§ 3 to 6.
21-10-25 Agricultural operation defined.
21-10-25.1 Costs assessed against plaintiff in certain agricultural operation nuisance actions.
21-10-25.2 State policy to protect agricultural operations from nuisance suits.
21-10-25.3 Agricultural operations protected.
21-10-25.4 Damages due to water pollution or land overflow not affected by protected status.
21-10-25.5 Agricultural operation within municipality not protected.
21-10-25.6 Frivolous action against agricultural operation--Costs and expenses recoverable.
21-10-25.7 Agricultural operation nuisance--Compensatory damages.
21-10-25.8 Agricultural operation nuisance--Punitive damages.
21-10-25.9 Agricultural operation nuisance--Applicability of limitations.
21-10-25.10 Agricultural operation nuisance--Standing--Burden of proof--Violation required.
21-10-26 Logging slash defined.
21-10-27 Abandonment of logging slash as public nuisance--Penalty.
21-10-28 Use or operation of sport shooting range.
21-10-28.1 Significant threat to human life or private habitations.
21-10-29 Injunction not available to certain adversely affected property owners.
21-10-30 Recovery based on negligence or willful or wanton misconduct not precluded.
21-10-31 Provisions inapplicable where substantial change in primary use has occurred.
21-10-32 Regulation of sport shooting ranges not prohibited.
21-10-33 Sport shooting range defined.
21-10-34 Prospective application of §§ 21-10-28 to 21-10-33.
21-11-1
Fraud or mistake as ground for revision.
21-11-2
Presumption of intent to make equitable agreement.
21-11-3
Intent considered in revising instrument--Court not restricted by language.
21-11-4
Revision and specific enforcement in combined or separate proceedings.
21-12-1
Grounds for rescission.
21-12-2
Restoration to original condition required on rescission for mistake.
21-12-3
Compensation required of plaintiff for rescission.
21-13-1
Cancellation ordered on apprehension of injury--Invalidity apparent on face of
instrument.
21-13-2
Partial cancellation of instrument.
21-14-1
Remedies available for recovery of property--Civil action to recover possession--Title
and possessory actions combined.
21-14-2
Order to permit entry for surveys in action involving real property--Liability for
unnecessary injury to property.
21-14-3
Action to recover real property not prejudiced by alienation.
21-14-4
Plaintiff's right to recover real property terminated while action pending--Damages
for withholding.
21-14-5
Compensation for improvements to real property made by defendant claiming in
good faith.
21-14-6
Determination of title, removal of clouds and commissioner's conveyance on absence
or refusal of defendant to convey real property.
21-15-1
Claim of immediate delivery permitted in action for possession of personal property--Time of claim.
21-15-2
Contents of plaintiff's affidavit.
21-15-3
Order to defendant to show cause against delivery of property to plaintiff--Procedure
in hearing.
21-15-4
Undertaking required of plaintiff--Contents--Waiver.
21-15-5
Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.
21-15-6
Seizure of property by sheriff--Safekeeping and delivery.
21-15-7
Seizure of property kept in building.
21-15-8
Papers served on defendant when property seized.
21-15-9
Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as
waiver.
21-15-10
Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right
to retain property.
21-15-10.1
Notice of justification--Additional surety--Time and place of hearing.
21-15-10.2
Appearance and examination of sureties.
21-15-10.3
Allowance by judge--Effect.
21-15-10.4
Costs of justification.
21-15-11
Qualifications and justification of plaintiff's sureties.
21-15-11.1
Qualifications of bail.
21-15-12
Defendant's undertaking or deposit to retain possession--Terms.
21-15-13
Justification by defendant's sureties and delivery of property--Responsibility of
sheriff--Delivery to plaintiff on failure to justify.
21-15-14
Delivery of property to plaintiff if return not required by defendant.
21-15-15
Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.
21-15-16
Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil
action for failure or neglect.
CHAPTER 21-16
FORCIBLE ENTRY AND DETAINER
21-16-1 Grounds for maintenance of action.
21-16-2 Repealed.
21-16-3 Jurisdiction of courts.
21-16-4 Joinder of actions.
21-16-5 Survival of cause despite death of plaintiff.
21-16-6 Verified Complaint--Service with Summons--Procedure.
21-16-6.1 Service by publication--Exemption.
21-16-7 Time for appearance by defendant.
21-16-8 Time action brought on for trial--Special venire in jury cases.
21-16-9 Certification to circuit court of title and boundary questions raised in magistrate court.
21-16-10 Judgment for plaintiff.
21-16-11 Attorney fees taxed as costs.
21-16-12 Time of serving execution.
21-17A-1
Attachment by creditor.
21-17A-2
Issuance and direction of writ--Contents.
21-17A-3
Affidavit required for execution in debt action--Contents.
21-17A-4
Affidavit required for execution in tort action--Contents.
21-17A-5
Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs
for defendant.
21-17A-6
Amendment of affidavit.
21-17A-7
Bond required of plaintiff--Amount--Terms--Affidavit of surety--Exemption of state
and subdivisions.
21-17A-8
Additional security--Application by defendant--Joint sureties.
21-17A-9
Return--Papers filed--Time allowed.
21-17A-10
Service on defendant--Appraisal--Inventory--Lien created--Multiple writs executed
on same property.
21-17A-11
Seizure of property.
21-17A-12
Real property attached by filing.
21-17A-13
Property subject to attachment--Personal property.
21-17A-14
Indemnification--Officer requiring.
21-17A-15
Sale of attached property--Grounds--Proceeds held in lieu of property.
21-17A-16
Keeping of property by officer--Collections--Legal proceedings.
21-17A-17
Defendant's bond for release from attachment--Justification of sureties.
21-17A-18
Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of
officer.
21-17A-19
Modification of writ--Notice of motion--Combining motions.
21-17A-20
Motion to quash writ and release property--Service of notice of motion.
21-17A-21
Contents of notice of motion--Affidavit--Grounds.
21-17A-22
Hearing on motion--Order of court.
21-17A-23
Basis of determination--Additional evidence--Continuance.
21-17A-24
Priority of hearing on motion to quash.
21-17A-25
Findings and order of court on hearing--Costs taxed--Damages assessed at trial.
21-17A-26
Judgment for damages to defendant.
21-17A-27
Delivery of property on judgment for defendant--Action on plaintiff's bond.
21-17A-28
Satisfaction of judgment for plaintiff--Delivery of remaining property.
21-17A-29
Plaintiff prosecuting actions officer authorized to bring--Indemnification of officer.
21-17A-30
Death of defendant--Satisfaction of judgment for plaintiff.
21-17A-31
Third party's property--Application for release.
21-17A-32
Injunction not precluded.
21-18-1
Actions or small claims proceedings in which garnishment available--Persons and
agencies subject to garnishment.
21-18-2
Plaintiff and defendant defined.
21-18-2.1
Earnings subject to garnishment.
21-18-3
Plaintiff's affidavit for garnishment--Contents.
21-18-3.1
Garnishment prohibited before judgment.
21-18-4
Affidavit covering more than one garnishee--Joint and several proceedings.
21-18-5
Repealed.
21-18-6
Garnishee summons annexed to affidavit--Form.
21-18-7
Service of summons, affidavit, and garnishment disclosure on garnishee.
21-18-8
Service of summons, affidavit, and garnishment disclosure when state is garnishee.
21-18-9
Fee paid to garnishee for expense of garnishment disclosure.
21-18-10
Service of garnishee summons and affidavit on defendant.
21-18-11
Time and manner of service of summons, affidavit, and garnishment disclosure--Return--Payment or retention of property by garnishee.
21-18-12
Liability of garnishee to plaintiff after service of summons.
21-18-13
Property held under void title included in garnishee's liability.
21-18-14
Repealed.
21-18-14.1
Continuing lien on wages--Caption of garnishee summons--Disclosure forms.
21-18-14.2
Repealed.
21-18-15
Judgment not rendered on garnishee's liability on negotiable instrument.
21-18-16
Judgment not rendered on foreign corporation's liability paid by negotiable
instrument.
21-18-17
Judgment not rendered on carrier's liability for property in interstate commerce.
21-18-18
Judgment not rendered against officer for property collected on legal process.
21-18-19
Judgment not rendered on money accountable by public officer.
21-18-20 to 21-18-22. Repealed.
21-18-23
Partial release of garnished funds on application by defendant.
21-18-24
Subsequent proceedings against additional or discharged garnishees--Summons and
trial in other counties.
21-18-25
Actions by principal defendant against garnishee prohibited during garnishment--Stay
of pending proceedings.
21-18-26
Garnishee's affidavit denying liability--Form.
21-18-27
Garnishee's garnishment disclosure liability--Time of filing--Contents.
21-18-27.1
Service of garnishment disclosure form on garnishee--Contents of form.
21-18-28
Disclosure of liability when state is garnishee.
21-18-29
Disclosure by garnishee not made on information and belief--State excepted.
21-18-30
Garnishee's answer conclusive unless issue taken--Trial of issues.
21-18-31
Motion for order on answer of garnishee and defendant--Affidavit.
21-18-32
Payment to officer or clerk by garnishee--Discharge.
21-18-33
Retention of property disclosed by garnishee until expiration of garnishment, levy,
release, or court order--Return of property to defendant.
21-18-34
Payment to clerk by state as garnishee--Exoneration of state.
21-18-35
Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee
and discharge--Service of notice on claimant.
21-18-36
Answer or defense by adverse claimant--Judgment on default.
21-18-37
Answer by other parties to affirmative claim set up by adverse claimant.
21-18-38 Default judgment for adverse claimant--Trial of issues on adverse claim.
21-18-39 Judgment against garnishee on failure to answer.
21-18-40 Judgment not entered against state as garnishee--Summons of state operating as assignment.
21-18-41 Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.
21-18-42 Defense of garnishment proceedings by principal defendant--Grounds.
21-18-43 Defense of action by garnishee.
21-18-44 Garnishment proceedings deemed civil action--Procedural rules applicable.
21-18-45 Repealed.
21-18-46 Right to jury trial in garnishment proceedings.
21-18-47 Terms of judgment on garnishment proceedings--Orders for sale or disposition of property.
21-18-48 Judgment against garnishee as discharge of liability to defendant.
21-18-49 Costs awarded in garnishment action.
21-18-50 Storage and maintenance expenses allowed to garnishee--Possessory lien.
21-18-51 Maximum amount subject to garnishment.
21-18-52 Maximum garnishment allowed for support of any person.
21-18-53 Extent of debtor exemption.
21-19-1
Definition of terms.
21-19-2
Affidavit required to levy on homestead in excess of exemption--Contents--Filing
and service of notice of levy and affidavit.
21-19-3
Notice of levy on property--Contents--Statement as to claim of exemptions.
21-19-4
Service on debtor of notice of levy.
21-19-5
Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.
21-19-6
Court order for substitute method of making service.
21-19-7
Retention of property levied after notice to debtor.
21-19-8
Sale of perishable property seized--Retention of proceeds.
21-19-9
Time allowed for claim of exemptions--Claim by debtor's dependent.
21-19-10
Contents of claim of exemptions--Schedule of property.
21-19-11
Verification of claim required.
21-19-12
Failure to claim additional exemptions as waiver.
21-19-13
Relief from default in claiming exemptions--Effect on prior proceedings.
21-19-14
Procedure for claim exclusive except as to absolute exemptions.
21-19-15
Absolute exemptions not waived by failure to claim--Proceedings to reach homestead
exceeding exemption.
21-19-16
Retention of property claimed as exempt until final determination.
21-19-17
Application and order for immediate release of items of definite value--Earnings
necessary for support of debtor and family.
21-19-18
Release of exempt property on failure of creditor to answer.
21-19-19
Creditor's answer to claim of exemptions--Specification of disputed facts and
valuations.
21-19-20
Disputed valuation of homestead--Demand for appraisal.
21-19-21
Appointment of appraisers.
21-19-22
Specification of items to be appraised--Undisputed valuations--Appraisal of
homestead.
21-19-23
Appraisement at fair market value--Completion and filing of appraisement.
21-19-24
Hearing on appraisement--Valuations accepted unless questioned--Recitals in court
order on appraisement.
21-19-25
Amendment of papers filed.
21-19-26
Order releasing exempt property--Amended claim where exemptions claimed exceed
limitations.
21-19-27
Valuation of additional property to permit full benefit of exemptions--Selection and
release of additional property.
21-19-28
Division and setting aside homestead exceeding limitations--Court order where
division not feasible.
21-19-29
Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment
by debtor.
21-19-30
Stay of proceedings on appeal from order--Security required.
21-20-1
Levy against earnings prohibited within six months after determination of exemption--Change of financial status--Civil penalty for violations.
21-20-2
Civil penalty against attorney or agent for levy on earnings after determination of
exemption.
21-20-3
One penalty for one levy.
21-21-1
Pending actions in which receivership authorized to prevent loss of property.
21-21-2
Receivership in foreclosure actions to prevent loss to mortgaged property.
21-21-3
Receivership where corporation dissolved, insolvent or unable to function.
21-21-4
Grounds for receivership after judgment.
21-21-5
Receivership under usages of equity.
21-21-6
Undertaking required of applicant on ex parte appointment of receiver--Amount and
terms--Additional undertaking.
21-21-7
Party not to be receiver except by consent.
21-21-8
Oath and undertaking of receiver.
21-21-9
Powers of receiver in collection and management of property.
21-21-10
Investment of receivership funds--Consent of parties.
CHAPTER 21-22
ADMINISTRATION OF TRUST ESTATES
21-22-1 Definition of terms.
21-22-2 Application of chapter and §§ 55-3-24 to 55-3-48.
21-22-3 Inventory and documents filed by court trustee--Contents.
21-22-4 Appointment by nonresident trustee of agent to receive process.
21-22-5 County in which trustee's inventory and attached papers filed.
21-22-6 Commencement of supervision by court.
21-22-7 Petition, hearing and order dispensing with court supervision.
21-22-7.1 Notice of entry of order--Requirements.
21-22-8 Petition, hearing, and order resuming court supervision.
21-22-9 Petition, hearing, and order for court supervision of other trust--Information.
21-22-10 Fixing terms of trustee's bond--Amount and conditions--Sureties--Time of filing--New bond.
21-22-11 Bond required despite terms of trust instrument.
21-22-12 Vacancy of office of trustee--Successor--Temporary trustee--Resigned trustee.
21-22-13 Petitions relevant to trust administration--Hearing--Order.
21-22-14 Annual verified report of trustee--Optional calendar year basis.
21-22-15 Final report of trustee--Contents.
21-22-16 Objections to report of fiduciary or beneficiary--Adjournment of hearing--Order.
21-22-17 Contents of notice of hearings--Trustee's account attached.
21-22-18 Parties served with notice--Personal, mail, or electronic service.
21-22-19 Publication of notice in lieu of personal service.
21-22-20 Proof of service by affidavit.
21-22-21 Notice dispensed with by consent of parties.
21-22-22 Testimony and examination of reports--Questions considered.
21-22-23 Examination of trustee's reports by court.
21-22-24 Referee or accountant appointed to assist in examination of reports--Report confidential.
21-22-25 Attendance of witnesses and production of evidence at investigations and hearings.
21-22-26 Fiduciary's liability for failure to comply--Forfeiture of compensation--Fiduciary's acts not invalidated.
21-22-27 Prior settlement and distribution decrees validated--Assertion of vested rights.
21-22-28 Protection of privacy--Sealing and availability of documents.
21-22-29 21-22-29. Repealed by SL 2002, ch 100, § 2.
21-22-30 Court approval of trustee's accounting is conclusive--Accounting defined.
21-22-31 Rules of civil procedure applicable.
21-22-32 Title 55 governs actions of trustee as party to transaction.
21-23-1
Scope of chapter.
21-23-2
Application by court officer or trustee for sale of property.
21-23-3
Application for sale verified--Contents.
21-23-4
Perishable property ordered sold without hearing--Report of sale.
21-23-5
Time and place of hearing on application to sell property.
21-23-6
Notice to parties of hearing on application--Manner of service prescribed by court.
21-23-7
Order for appraisal of property.
21-23-8
Court order after hearing on application to sell.
21-23-9
Time and notice of sale--Order in which items offered--Upset price.
21-23-10
Bond required of applicant to sell property.
21-23-11
Cash sale at public auction--Terms and security when deferred payments permitted.
21-23-12
Report of sale to court for confirmation--Contents of report.
21-23-13
Report for confirmation of sale authorized by trust instrument.
21-23-14
Examination of report of sale--Order and notice for formal hearing.
21-23-15
Consideration of new offers on hearing to confirm sale--Confirmation and
conveyance of property.
21-24-1
Power of courts to provide declaratory relief--Form and effect of declarations.
21-24-2
Person including business associations and public agencies.
21-24-3
Construction and determination of validity of written instruments, legislative acts,
and franchises.
21-24-4
Contract construed before or after breach.
21-24-5
Determination of rights under trust or decedent's estate.
21-24-6
Declaratory relief powers not limited by specific enumeration.
21-24-7
Parties to be joined in action for declaratory relief.
21-24-8
Municipality joined in proceeding involving ordinance or franchise--Attorney general
joined when constitutional question involved.
21-24-9
Trial of issues of fact.
21-24-10
Judgment refused where controversy would not be terminated.
21-24-11
Award of costs.
21-24-12
Further relief after declaratory judgment--Application and order to show cause.
21-24-13
Review of declaratory orders and judgments.
21-24-14
Chapter declared remedial--Liberal construction.
21-24-15
Severability of provisions.
21-24-16
Citation of chapter.
21-25A-1
Enforceability of arbitration clauses in written contracts--Labor contracts.
21-25A-2
Chapter prospective only.
21-25A-3
Insurance policies not covered--Arbitration agreements void.
21-25A-4
Circuit court jurisdiction of proceedings.
21-25A-5
Application to compel arbitration--Order to arbitrate or denial of application.
21-25A-6
Merits of claim not considered on application to compel arbitration.
21-25A-7
Stay of judicial proceedings on arbitrable issue--Severance of issues.
21-25A-8
Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of
application.
21-25A-9
Appointment of arbitrators according to agreement--Appointment by court.
21-25A-10
Arbitrators acting by majority.
21-25A-11
Time and place of hearing--Notice to parties--Waiver of notice.
21-25A-12
Subpoenas issued by arbitrators--Service and enforcement.
21-25A-13
Depositions permitted by arbitrators--Compelling testimony.
21-25A-14
Hearing by all arbitrators--Continuation when arbitrator ceases to act.
21-25A-15
Evidence presented by parties--Cross-examination.
21-25A-16
Right to representation by counsel--Waiver ineffective.
21-25A-17
Adjournment or postponement of hearing--Failure of party to appear--Court order to
proceed promptly.
21-25A-18
Witness fees.
21-25A-19
Time for making award--Extension of time.
21-25A-20
Award in writing--Delivery to parties.
21-25A-21
Modification or correction of award--Application--Notice.
21-25A-22
Payment of expenses of proceedings.
21-25A-23
Judicial confirmation of award.
21-25A-24
Grounds for vacation of award.
21-25A-25
Time for application to vacate award.
21-25A-26
Confirmation of award on denial of application to vacate.
21-25A-27
Rehearing ordered after vacation of award--Time allowed for award on rehearing.
21-25A-28
Grounds for modification or correction of award.
21-25A-29
Alternative application to modify, correct, or vacate.
21-25A-30
Confirmation of award after determining application to correct or modify.
21-25A-31
Judgment or decree on confirmed award--Costs.
21-25A-32
Filing and docketing of judgment or decree.
21-25A-33
Applications by motion--Service of notices.
21-25A-34
Venue of applications.
21-25A-35
Appeals from orders, judgments, and decrees.
21-25A-36
Uniformity of construction of chapter.
21-25A-37
Severability of provisions.
21-25A-38
Citation of chapter.
21-25B-1
Services covered by arbitration agreements between hospitals or physicians and
patients--Termination as to future services--Effect.
21-25B-2
Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.
21-25B-3
Warning clause required in arbitration agreement.
21-25B-4
Health care services arbitration panel created--Composition--Terms--Selection--Replacements.
21-25B-5
Health care services arbitration account created--Payment required of claimant prior
to commencement of arbitration action--Credit to account.
21-25B-6
Institution of claim--Written statement and receipt--Contents of statement.
21-25B-7
Joinder of subrogee--Segregation of damages or costs.
21-25B-8
Time for commencement of claims--Time for commencement of action in circuit
court.
21-25B-9
Claimant bound by arbitration agreement when claim is filed--Defendant bound after
twenty days.
21-25B-10
Appointment of arbitration officer--Qualifications--Filing of papers with officer.
21-25B-11
Duties of arbitration officer.
21-25B-12
Service of claim on defendant--Defendant's statement submitted to arbitration
officer--Copy to claimant.
21-25B-13
Three-member panel selected for small claims--Selection process.
21-25B-14
Five-member panel for large claims--Selection process.
21-25B-15
Five-member panel for multiple parties--Selection process.
21-25B-16
Striking selections for five-member panel.
21-25B-17
Refusal to serve as panel member or arbitration officer--Withdrawal after agreement
to serve.
21-25B-18
Continuation of panel member's service until determination of existing controversy.
21-25B-19
Disability or disqualification of panel member--Petition for court-appointed
replacement--Prior exhibits and testimony available--Recommendation by originally
appointing party.
21-25B-20
Panel members to receive copies of statements.
21-25B-21
Two-stage hearings--Waiting period between stages.
21-25B-22
Transcription of hearing--Expert witnesses--Expenses of panel members.
21-25B-23
Discovery procedures--Evidence--Privilege and confidentiality--Hearings closed to
public.
21-25B-24
Records and files of panel closed to public until judgment--Court order for
disclosure--Record filed with clerk of courts.
21-25B-25
Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account.
21-25B-26
Immunity of panel members and arbitration officers for official actions or
recommendations.
21-26-1
Causes for which judgment may be docketed.
21-26-2
Defendant's verified statement--Amount of judgment and authorization included.
21-26-3
Facts included in defendant's statement on judgment for money due or to become
due.
21-26-4
Facts stated in defendant's statement on judgment to secure against contingent
liability.
21-26-5
Presentation of defendant's statement--Notice and hearing.
21-26-6
Execution on judgment.
21-26-7
Execution for installment payments--Judgment and execution for later installments.
CHAPTER 21-27
HABEAS CORPUS
21-27-1 Right of person detained or imprisoned to apply for writ.
21-27-1.1 Penal institution disciplinary sanctions--Writ not available remedy.
21-27-2 Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.
21-27-3 Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
21-27-3.1 Time for application.
21-27-3.2 Repealed by SL 2012, ch 118, § 2.
21-27-3.3 Two-year statute of limitation.
21-27-4 Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.
21-27-5 Writ awarded unless application shows no right to relief.
21-27-5.1 Second or subsequent application for writ--Leave to file--Dismissal.
21-27-6 Repealed.
21-27-7 Writ used to produce prisoners for testimony in criminal proceedings.
21-27-8 Signature and direction of writ--Endorsement by Habeas Corpus Act.
21-27-9 21-27-9. Repealed by SL 1983, ch 169, § 7.
21-27-9.1 Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
21-27-9.2 Production of applicant--Payment of expenses--Applicant in state hospital or correctional facility.
21-27-9.3 Return to writ--Time for filing--Content.
21-27-10 Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.
21-27-11 Transfer or concealment of applicant to avoid writ as felony.
21-27-12 Day set for hearing of cause.
21-27-13 Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.
21-27-14 Hearing and disposition of cause by judge.
21-27-14.1 Judge to hear application.
21-27-15 Judgment not inquired into on writ.
21-27-16 Causes for discharge of applicant committed on judicial process.
21-27-16.1 Repealed by SL 2012, ch 118, § 6.
21-27-17 New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
21-27-18 Admission to bail of applicant in custody under judicial process.
21-27-18.1 Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.
21-27-19 Admission to bail on grant of writ.
21-27-20 Supreme Court order required for admission to bail pending application for writ or pending appellate review.
21-27-21 Remand to custody or admission to bail pending review of order discharging writ.
21-27-22 Bail without surety pending review of order discharging prisoner.
21-27-23 Admission to bail by Supreme Court pending review.
21-27-24 Terms of bond given on admission to bail--Surety.
21-27-25 Order for temporary custody of person not held under judicial process--Security required of person granted custody.
21-27-26 Order remanding applicant to custody--Conclusive on second application for writ.
21-27-27 Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.
21-27-28 Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
21-27-29 Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.
21-28-1
Civil action available in lieu of writ and proceedings by information.
21-28-2
Persons entitled to bring action--Grounds for action.
21-28-3
Designation of parties plaintiff.
21-28-4
Relator joined with state as party--Security required to indemnify state.
21-28-5
Joinder of several claimants as defendants.
21-28-6
Name of person entitled to office set forth in complaint.
21-28-7
Arrest and holding to bail of defendant who has received emoluments of office.
21-28-8
Judgment on defendant's right to office and right of person allegedly entitled.
21-28-9
Execution of office by person adjudged to be entitled--Demand of books and papers
from defendant.
21-28-10
Failure to deliver books and papers to successful claimant as misdemeanor--Proceedings to compel delivery.
21-28-11
Action for damages by successful claimant of office.
21-28-12
Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds.
21-28-13
Leave to bring action against corporation--Notice and hearing of corporation and
officers.
21-28-14
Duty of state's attorney to bring action against corporation--Security to indemnify
state.
21-28-15
Judgment for dissolution of corporation.
21-28-16
Costs awarded in action against corporation--Collection from directors or officers.
21-28-17
Injunction, receivership, and distribution on judgment against corporation.
21-28-18
Recording by secretary of state of judgment against corporation.
21-28-19
Judgment of exclusion against claimant to office or corporation--Costs--Pecuniary
penalty.
21-28-20
Action for recovery of property forfeited to state.
21-29-1
Power to issue writ--Purposes for which used.
21-29-2
Writ issued when ordinary remedy inadequate--Application and affidavit.
21-29-3
Alternative and peremptory writs--Terms of writ.
21-29-4
Grant of writ on default prohibited.
21-29-5
Alternative writ issued without notice--Minimum notice required for peremptory
writ.
21-29-6
Service of writ--Service on majority of board.
21-29-7
Answer to show cause against writ.
21-29-8
Hearing by court when no answer made or no questions of fact raised.
21-29-9
Objections and proof countervailing answer introduced by applicant at trial.
21-29-10
Discretionary jury trial and postponement--Statement of question to be tried--Assessment of damages.
21-29-11
Verdict transmitted to court--Hearing on application.
21-29-12
Elements included in judgment.
21-29-13
Motion for new trial.
21-29-14
Fine for disobedience of peremptory writ--Imprisonment on persistent disobedience.
21-30-1
Counterpart of mandamus--Purposes for which writ used.
21-30-2
Power to issue writ where ordinary remedy inadequate.
21-30-3
Affidavit and application for writ.
21-30-4
Alternative and peremptory writs--Terms of writ.
21-30-5
Proceedings as for mandamus.
21-31-1
Power to grant writ--Purposes for which used.
21-31-2
Application for writ on affidavit--Notice to adverse party--Order to show cause.
21-31-3
Agency or person to whom writ directed.
21-31-4
Direction to certify record--Stay of proceedings.
21-31-5
Omission of stay of proceedings discretionary with court.
21-31-6
Service of writ.
21-31-7
Further return if return of writ defective--Hearing and judgment by court.
21-31-8
Scope of review on writ.
21-31-9
Judgment roll.
21-31-10
Transmittal of judgment to inferior court or agency.
21-32-1
Office of Commissioner of Claims created--Appointment of circuit judge to act.
21-32-2
Limitation of actions on claims against the state.
21-32-3
Filing of petition on claim for which no appointment--Certification to presiding
circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner
resides, out of state.
21-32-4
Service of petition on attorney general--Answer and defense by attorney general.
21-32-5
Time and place fixed for hearing claim--Notice to attorney general.
21-32-6
Evidence received at hearing on claim--Adjournment of hearing.
21-32-7
Filing of commissioner's findings on claim against the state--Submission to Governor
and Legislature--Findings advisory only.
21-32-8
State as defendant in actions involving property.
21-32-9
Service on attorney general in property action involving state--Appearance and
representation of state.
21-32-10
Original action in Supreme Court on claim disallowed by state auditor--Filing of
complaint.
21-32-11
Undertaking for costs filed by plaintiff in Supreme Court action.
21-32-12
Service of complaint and notice to plead on attorney general--Pleading by attorney
general.
21-32-13
Trial of action in Supreme Court.
21-32-14
Execution not issued against state--Judgment certified to state auditor--Payment of
damages.
21-32-15
Liability insurance--Purchase by state.
21-32-16
Waiver of immunity to extent of insurance coverage--Consent to suit.
21-32-17
Immunity of state officers, employees, and agents.
21-32-18
Service on attorney general required for waiver--Judgment void without service.
21-32-19
Payment of certain medical and property damage claims against state--Rules.
21-32-20
Sovereign immunity not waived.
21-32-21
Effectiveness of § 21-32-19.
21-32A-1
Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.
21-32A-2
Immunity of employees, officers, or agents--Affirmative defense.
21-32A-3
Immunity of public entities--Affirmative defense.
21-34-1
Administrative actions enforceable under chapter--Statutory violation defined as
contempt.
21-34-2
Certificate of facts showing violation prepared by officer--Contents.
21-34-3
Judge to whom certificate of facts directed.
21-34-4
Presentation of certificate to judge--Service of process and copy of certificate on
offender.
21-34-5
Procedural matters prescribed by court.
21-34-6
Power of court to compel obedience and punish violations--Maximum penalties.
21-34-7
Officers empowered to serve process and carry out orders of court.
21-34-8
Source of payment for expenses of officials.
21-34-9
Costs awarded.
21-34-10
Remissions, suspension, and purging of contempt.
21-34-11
Reinvoking contempt process on continuing violation.
21-34-12
Judicial power to enforce own order unaffected.
21-34-13
Appeal to Supreme Court.
21-34-14
Stay of execution pending appeal to Supreme Court.
CHAPTER 21-35
CONDEMNATION UNDER POWER OF EMINENT DOMAIN
21-35-1 Condemnors covered by chapter--Petition for ascertainment of compensation by jury.
21-35-1.1 Trans-state transmission line construction--Eminent domain.
21-35-2 Contents of petition for ascertainment of compensation.
21-35-3 Amendment of petition and notice.
21-35-4 Verification of petition--Statement of good faith.
21-35-5 Attachment of document authorizing condemnation.
21-35-6 Additional pleadings not required.
21-35-7 Interpleader of adverse claimants to compensation.
21-35-8 Notice of pendency of action filed with register of deeds--Effect of recording.
21-35-9 Summons to defendants--Contents.
21-35-10 Publication of summons to unknown or nonresident owners--Personal service outside state.
21-35-10.1 Hearing on right to take--Time for demand--Waiver of right to question necessity--Finding of necessity as binding.
21-35-11 Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided.
21-35-11.1 Mediation.
21-35-12 Order to summon jury on default.
21-35-13 Special term of court for jury trial--Challenge of jurors--Conduct of trial--Default by plaintiff.
21-35-14 Continuance of proceedings as to defendants not served.
21-35-15 Issue tried by jury.
21-35-16 View of premises by jury.
21-35-17 Benefits of municipal improvement considered by jury.
21-35-18 Compensation determined for each parcel.
21-35-19 Recording of verdict--Judgment on verdict.
21-35-20 Appeal to Supreme Court--Improvement not delayed--Security for payment of award.
21-35-21 Highway provisions not affected--Proceeding cumulative.
21-35-22 Defendant's expenses paid by plaintiff on dismissal.
21-35-23 Allowance of expenses where judgment greatly exceeds offer.
21-35-24 Railroad or gas or electric utility property condemned for coal pipelines--Declaration of taking--Contents.
21-35-25 Vesting of title to property and right to compensation.
21-35-26 Terms of surrender of possession--Notice--Hearing--Orders of court.
21-35-27 Service of declaration of taking on defendants.
21-35-28 Amendment of declaration of taking.
21-35-29 Deposit with court required.
21-35-30 Order for payment from deposit--Judgment for amount by which final award exceeds deposit.
21-35-31 Entry on private property--Survey--Project permitted by Public Utilities Commission--Requirements--Challenge permitted--Applicability--"Examination" and "survey" defined.
CHAPTER 21-36
ACTIONS FOR ESCHEAT OF PROPERTY
21-36-1 Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney.
21-36-2 Report by state's attorneys and circuit judges of possible escheats.
21-36-3 Investigation and bringing of action by attorney general.
21-36-4 Intervention in probate proceedings in lieu of bringing action.
21-36-5 Direction by Governor for institution of proceedings.
21-36-6 State's attorney to assist on request by attorney general.
21-36-7 Complaint filed to bring action--Parties defendant.
21-36-8 Allegations required in complaint for escheat.
21-36-9 Summons filed--Persons to whom directed--Contents.
21-36-10 Publication of summons and complaint--Personal service--Service by mail.
21-36-11 Answer to complaint--Reply.
21-36-12 Receiver appointed on application by state.
21-36-13 Concurrent remedies by action and participation in probate proceedings.
21-36-14 Retention of jurisdiction by circuit court for payment of claims and conservation of estate--Surrender of property to receiver--Stay of proceedings in circuit court.
21-36-15 Circuit court not to settle estate unless state has intervened.
21-36-16 Claims to distributive shares determined in circuit court--Practice and procedure rules.
21-36-17 Judgment for state if no answer or motion served--Proof required.
21-36-18 Placement on trial calendar if issue joined.
21-36-19 Pleadings and testimony in prior proceedings admissible in evidence.
21-36-20 Hearing and judgment--Costs.
21-36-21 Recording of judgment where title to real property determined.
21-36-22 Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund.
21-36-23 Real property managed by commissioner of school and public lands--Sale of property--Disposition of proceeds.
21-36-24 Action by heirs to recover property escheated--Time for bringing action.
21-36-25 Summons and complaint of adverse claimant--Answer and trial.
21-36-26 Judgment for claimant to escheated property--Restoration of property--Interest not included in judgment.
21-36-27 Claims to escheated property barred by limitations--Persons under disability.
21-36-28 Appeal to Supreme Court.
21-36-29 Escheated property credited to school fund.
CHAPTER 21-37
CHANGE OF NAME
21-37-1 Circuit court power to change names--Pending proceedings and existing rights unaffected.
21-37-2 Residence required for change of name of person--Proceedings.
21-37-3 Petition for change of name of person--Contents.
21-37-3.1 Single petition for certain family members.
21-37-4 Notice of hearing on change of name of person.
21-37-5 Hearing and order changing name of person.
21-37-5.1 Exception to notice and open court hearing requirements for name change of minor.
21-37-5.2 Notice and open court requirements--Exception--Name change of victims--Sealed records.
21-37-6 Change of name of municipality or platted portion--Proceedings.
21-37-7 Petition for change of name of municipality or platted portion.
21-37-8 Publication of notice of hearing on change of name of municipality of platted portion.
21-37-9 Hearing and order on change of name of municipality or platted portion--Proof of voters' desire required--Duplication of names avoided.
21-37-10 Judgment for costs against petitioner.
21-38-1
Court records and register of deeds records subject to restoration procedure.
21-38-2
Venue of restoration proceedings.
21-38-3
Title of application for restoration.
21-38-4
Substance and proposed copy of record shown in application for restoration.
21-38-5
Interest of applicant shown in application for restoration.
21-38-6
Circumstances of loss or destruction shown in application for restoration.
21-38-7
Loss or destruction without fault of applicant shown in application for restoration.
21-38-8
Signing and verification of application for restoration.
21-38-9
Time and place of hearing on restoration of record--Notice.
21-38-10
Hearing on restoration of record--Proof required.
21-38-11
Findings and judgment on restoration of record.
21-39-1
Circuit court jurisdiction to determine heirs under federal land laws.
21-39-2
County court decrees prior to 1959 validated.
21-40-1
Action against adjoining landowner to determine boundary.
21-40-2
Action to determine boundaries of tracts dependent on common landmark.
21-40-3
Addition of parties defendant for more complete settlement.
21-40-4
Practice and procedural rules.
21-40-5
Determination of adverse claims--Survey ordered.
21-40-6
Judgment to refer to permanent landmarks--Survey--Specifications for judicial
landmark.
21-40-7
Filing and recording of report on survey and landmarks--Incorporation of report in
judgment.
21-40-8
Costs and expenses of survey.
CHAPTER 21-41
ACTIONS TO QUIET TITLE TO REAL PROPERTY
21-41-1 Action authorized--Purposes of action--Persons authorized to maintain action--Parties defendant.
21-41-2 Joinder of causes of action as to different tracts or parcels--Common interest required.
21-41-3 Request before action for quitclaim deed--Expense tendered--Costs and attorney fees.
21-41-4 Joinder of parties plaintiff.
21-41-5 Joinder of known claimants as defendants.
21-41-6 Joinder of unknown claimants as defendants--Proof of want of knowledge.
21-41-7 Filing of complaint and summons--Form for summons.
21-41-8 Service of summons on named defendants.
21-41-9 Service by publication on unknown defendants--Mail service not required--Effect of service by publication.
21-41-10 Validation of prior judgments based on personal service outside state--Rights barred by no action.
21-41-11 Contents of complaint.
21-41-12 Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.
21-41-13 Disclaimer by defendant to avoid costs.
21-41-14 Contents of defendant's answer--Counterclaim permitted.
21-41-15 Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.
21-41-16 Judgment on counterclaim for improvements--Payment for land on default by plaintiff.
21-41-17 Enforcement against property of claim against deceased defendant.
21-41-18 Jurisdiction of court to determine rights in decedents' estates.
21-41-19 Jurisdiction of decedent's estate from time of publication of summons.
21-41-20 Repealed
21-41-22 Allowance of plaintiff's claim for improvements--Value alleged in complaint.
21-41-23 Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant.
21-41-24 Bond required to indemnify against defenses permitted after judgment.
21-41-25 Relief from default judgment--Rights of good faith purchaser preserved.
21-42-1
Tax purchasers entitled to bring action--Purpose of action.
21-42-2
Time of bringing action.
21-42-3
Delinquent taxes paid before action brought.
21-42-4
Commencement by summons and complaint--Party plaintiff--Known and unknown
parties defendant.
21-42-5
Joinder of different tracts in same action--Joinder of parties defendant.
21-42-6
Contents of complaint.
21-42-7
Procedural rules not exclusive of other procedures to perfect tax title.
21-42-8
Summons and complaint in same form as for civil actions--Service as in quiet title
actions.
21-42-9
Lis pendens notice recorded by register of deeds--Destruction of records.
21-42-10
Redemption of land by defendant--Certificate of redemption--Apportionment of taxes
assessed--Personal property taxes.
21-42-11
Appearance by defendant--Defenses permitted.
21-42-12
Venue of action.
21-42-13
Proof required on default judgment--Treasurer's certificate as prima facie evidence.
21-42-14
Findings of fact and conclusions of law.
21-42-15
Bond required of plaintiff to indemnify against successful defense after judgment.
21-42-16
Contents of judgment--Direction to issue deed--Costs.
21-42-17
Tax deed issued by treasurer--Form--Acknowledgment.
21-42-18
Estate vested in grantee by deed.
21-42-19
Relief from default judgment.
21-42-20
Bond not required of county--Liability on successful defense after judgment.
21-42-21
Employment of additional counsel to assist state's attorney.
21-43-1
Action to determine adverse claim to money, property or chose in action.
21-43-2
Action by surety to compel satisfaction of debt.
21-43-3
Procedure.
CHAPTER 21-44
TERMINATION OF LIFE ESTATES
21-44-1 Definition of terms.
21-44-2 Recording death certificate--Prima facie evidence--Affidavit identifying property.
21-44-3 Proceeding for termination of life estate--Contents of verified petition.
21-44-4 Joinder of proceedings as to two or more life tenants.
21-44-5 Joinder of proceedings as to all property held by life tenant.
21-44-6 Life estates in personal property subject to termination--Joinder with proceedings as to real property.
21-44-7 Lis pendens notice required if property in another county affected.
21-44-8 Order fixing time and place for hearing on petition--Contents.
21-44-9 Publication of notice of hearing--Mail notice to parties--Other notice ordered by court.
21-44-10 Repealed
21-44-11 Validation of prior inheritance tax determinations in circuit court.
21-44-12 Persons permitted to appear at hearing on termination of estate.
21-44-13 Procedure on contested petitions.
21-44-14 Inquiry and proof required on uncontested petition.
21-44-15 Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.
21-44-16 Statement or affidavit establishing death of person in military service.
21-44-17 Presumption of death after seven years' absence.
21-44-18 Denial of petition if proof insufficient--Order to proceed in quiet title action.
21-44-19 Judgment finding life tenant deceased and terminating life estate--Effect of judgment.
21-44-20 Validation of prior proceedings as to personal property.
21-44-21 Validation of prior proceedings joining different claims as to personal property--Protection of vested rights.
21-44-22 Validation of prior proceedings where notice or allegations were insufficient.
21-44-23 Recording of judgment terminating estate--Prima facie evidence.
21-44-24 Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected.
21-44-25 Prospective and retrospective application of chapter.
21-44-26 Remedy not exclusive.
21-44-27 Spousal joint tenancy termination.
21-45-1
Property subject to partition or sale--Persons entitled to bring action.
21-45-2
Consent by conservator to partition without action.
21-45-3
Persons to whom summons directed--General direction to unknown persons.
21-45-4
Grantees and lien holders need not be joined unless claim recorded.
21-45-5
Service of summons--Description included when served by publication.
21-45-6
Interests of parties set forth in complaint--Allegations as to unknown and contingent
interests.
21-45-7
Lis pendens notice required--Constructive notice.
21-45-8
Lien holders and encumbrancers of record joined by order of court--Referee to
determine status of liens and encumbrances.
21-45-9
Notice to lien holders to appear before referee--Service of notice--Report of referee.
21-45-10
Validation of prior appearances by personal representatives.
21-45-11
Contents of answer.
21-45-12
Trial and determination of rights of parties in property--Rights of unknown persons.
21-45-13
Abstract of title or title insurance policy--Notice of availability--Custody and
inspection--Allowance as costs.
21-45-14
Interest allowed on disbursements directed by court.
21-45-15
Order directing partition of property--Referees appointed.
21-45-16
Partition by original cotenancies--Further partition or cotenancy.
21-45-17
Partition according to respective rights of parties--Surveys and landmarks.
21-45-18
Road or street set aside before partition or sale.
21-45-19
Unequal division with compensatory payments between parties.
21-45-20
Report of referees on partition made.
21-45-21
Expenses and fees apportioned among parties.
21-45-22
Court action on referees' report--Appointment of new referees.
21-45-23
Judgment of partition--Persons bound by judgment.
21-45-24
Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.
21-45-25
Tenants for years not affected by judgment.
21-45-26
Judgment survives death of party.
21-45-27
Lien on undivided interest chargeable to share allocated--Partition costs preferred.
21-45-28
Sale ordered when partition not practical--Appointment of referees.
21-45-29
Estate for life or years set off in part of property not sold.
21-45-30
Sale at public auction to highest bidder--Publication of notice of sale.
21-45-31
Order for sale at site of property--Reservation of power to receive higher bid at
hearing.
21-45-32
Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.
21-45-33
Referees and conservators disqualified from purchasing at sale.
21-45-34
Purchase by cotenant or lien holder.
21-45-35
Payment to guardian of proceeds of sale.
21-45-36
Undertaking required of conservator receiving proceeds of sale.
21-45-37
Security taken by referees delivered to parties for agreed or adjudicated shares--Filing
of agreement and receipt.
21-45-38
Separate securities taken in names of parties by referees.
21-45-39
Distribution by referees of proceeds of sale--Payment into court.
21-45-40
Clerk of courts to take and hold security and investment of proceeds.
21-45-41
Report of sale filed with clerk of courts--Contents.
21-45-42 Exceptions to return of sale--Order fixing time and place for hearing.
21-45-43 Higher and better bid filed before confirmation of sale.
21-45-44 Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder.
21-45-45 Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance.
21-45-46 Sale valid from time of confirmation--Recording of certified copy of order.
21-45-47 Validation of prior proceedings in which sales confirmed--Rights barred by no action.
21-45-48 Recording of conveyance--Persons barred by recorded conveyance.
21-45-49 Disposition of proceeds directed by order confirming sale.
21-45-50 Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.
21-45-51 Application of proceeds of sale of encumbered property.
21-45-52 Lien holder required to resort to other secured property.
21-45-53 Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.
21-45-54 Compensation for future estate--Payment or investment of compensatory share.
21-45-55 Investment of proceeds of sale for unknown or nonresident owner.
21-45-56 Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.
21-46-1
Property subject to partition or sale--Persons entitled to bring action.
21-46-2
Venue of action.
21-46-3
Procedure for partition or sale.
21-46-4
Consolidation of real property and personal property actions.
21-47-1
Venue of foreclosure actions--Service outside county on nonresident defendant.
21-47-2
Service by publication on nonresident, absent or unknown defendants.
21-47-3
Joinder as party defendant of person liable on debt secured--Deficiency judgment
against persons liable.
21-47-4
Previous actions for collection of debt to be disclosed by complaint.
21-47-5
Foreclosure not permitted after money judgment unless execution returned
unsatisfied.
21-47-6
Proceedings at law not had while foreclosure action pending.
21-47-7
Injunction to restrain injury to property during existence of lien or foreclosure.
21-47-8
Dismissal of complaint on payment into court of installments then due.
21-47-9
Examination of premises on judgment for plaintiff.
21-47-10
Stay of further proceedings on payment before sale of installments then due--Enforcement of judgment on subsequent default.
21-47-11
Sale by parcels to pay delinquent installments--Subsequent sales on later default.
21-47-12
Sale of entire tract and payment of installments due--Investment and payment of
subsequent installments to plaintiff--Surplus for benefit of defendant.
21-47-13
Judgment of foreclosure and sale of premises--Sale by parcels--Delivery of
possession deferred during period of redemption.
21-47-14
Officer by whom sale made--Place and notice of sale--Levy on execution not
required.
21-47-15
Purchase by mortgagee at sale--Fair and reasonable bid required.
21-47-16
Proof required of mortgagee bidding less than amount of debt--Court decree
permitting bid--Execution for deficiency.
21-47-17
Foreclosure as complete satisfaction of debt--Exception.
21-47-18
Application of proceeds of sale--Investment of unclaimed surplus.
21-47-19
Cancellation or endorsement of evidence of debt on application of proceeds of sale.
21-47-20
Execution for balance unsatisfied by proceeds of sale.
21-47-21
Certificate of sale issued to purchaser.
21-47-22
Prior certificates validated despite delay in recording--Rights barred by no action.
21-47-23
Redemption procedure.
21-47-24
Deed issued on expiration of time for redemption--Persons barred by deed--Mortgagor entitled to harvest crops planted before issuance of deed.
21-47-24.1
Lien priority in crops determined by Uniform Commercial Code.
21-47-25
Prior foreclosure sales validated despite defects--Rights barred by no action.
21-48-1
Foreclosure by advertisement available if mortgage contains power of sale.
21-48-2
Recording of mortgage and assignments required before foreclosure.
21-48-3
Default required before foreclosure.
21-48-4
Foreclosure not permitted after action at law to recover debt unless execution
returned unsatisfied.
21-48-5
Mortgage for installments deemed separate mortgage for each installment--Effect of
redemption by installments.
21-48-6
Publication of notice of foreclosure--Contents of notice.
21-48-6.1
Written notice of foreclosure sale required--Time--Parties.
21-48-7
Validation of prior foreclosures by receivers and personal representatives--Rights
barred by no action.
21-48-8
Continuation of foreclosure proceedings despite changes in county boundaries or
status.
21-48-9
Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.
21-48-10
Time and place of sale--Officer making sale.
21-48-11
Postponement of sale--Notice.
21-48-12
Sale by parcels--Sale terminated when sufficient amount raised.
21-48-13
Purchase by mortgagee at sale.
21-48-14
Proof of value required for deficiency judgment after purchase by mortgagee--Other
purchasers unaffected--Negotiability of instruments protected.
21-48-15
Costs, disbursements and attorney fees allowed from proceeds of sale.
21-48-16
Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien
holders of deposit of surplus.
21-48-17
Investment of surplus proceeds deposited with clerk.
21-48-18
Cancellation or endorsement of evidence of debt on application of proceeds of sale.
21-48-19
Certificate of sale given to purchaser--Contents--Execution and recording.
21-48-20
Prior certificates validated despite delay in recording--Rights barred by no action.
21-48-21
Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops
planted before issuance of deed.
21-48-22
Validation of prior proceedings on which deed issued--Time allowed for protection
of existing rights.
21-48-22.1
Prior foreclosure sales validated despite defects--Rights barred by no action.
21-48-23
Record of foreclosure sale--Affidavits and certificate recorded--Notation by register
of deeds.
21-48-24
Affidavits recorded to show compliance with federal acts.
21-48-25
Interest vested in purchaser by recording of instruments.
21-48-26
Validation of sales prior to January 1, 1982--Pending proceedings.
21-48A-1
Voluntary foreclosure procedure--Notice.
21-48A-2
Lien released upon failure of junior lienholder to redeem.
21-48A-3
Possession of property by mortgagee.
21-48A-4
Judicial foreclosure action by junior lienholder before redemption period.
21-48A-5
Redemption of real property by junior lienholder--Quit claim deed.
21-49-1 to 21-49-10.
Repealed.
21-49-11
Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law.
21-49-12
Clause subjecting mortgage to chapter--Caption required--Mortgagor's right
to possession of property during redemption period.
21-49-13
Provisions includable in mortgage--Satisfaction of notice requirements.
21-49-14
Forms of mortgages authorized--Address and description requirements not
applicable.
21-49-15
Commencement of foreclosure or satisfaction action--Service of process on
nonresident defendant--Required defendants.
21-49-16
Service by publication.
21-49-17
Joinder of other persons liable--Judgment and enforcement of judgment as
against mortgagor.
21-49-18
Other recovery proceedings to be stated in complaint.
21-49-19
Money judgment as precluding foreclosure unless execution remains
unsatisfied.
21-49-20
Recovery proceedings not allowed pending foreclosure action.
21-49-21
Time for defendant's answer.
21-49-22
Injunction against injury to property--Duration.
21-49-23
Judgment rendered for amount due and costs--Sale of property and delivery
to purchaser--Lien priorities.
21-49-24
Sale by court-appointed officer--Levy not required.
21-49-25
Notice of sale--Contents.
21-49-26
Mortgagee may purchase at sale--Bid required.
21-49-27
Bid of less than full debt amount--Requirements--Execution for deficiency.
21-49-28
Foreclosure as complete satisfaction of debt.
21-49-29
Application of sale proceeds.
21-49-30
Certificate of sale to purchaser--Contents--Recording--Commencement of
redemption period.
21-49-31
Redemption defined.
21-49-32
Waste of property restrained during redemption period.
21-49-33
Right of judgment debtor and lien holders to redeem.
21-49-34
Payments by persons redeeming.
21-49-35
Notice of redemption--Form--Recording.
21-49-36
Certificate of redemption--Contents.
21-49-37
Recording certificate of redemption.
21-49-38
Deed issued after short redemption or abandonment period--Maximum
period.
21-49-39
Repealed.
21-49-40
Citation of chapter.
21-50-1
Foreclosure action brought on default in executory contract.
21-50-2
Repealed.
21-50-3
Time allowed by judgment for compliance with terms of contract--Final judgment
barring rights on failure to comply.
21-50-4
Costs and attorney fee awarded in judgment.
21-50-5
Receipt or affidavit establishing record of compliance with judgment.
21-50-6
Clerk's certificate as to noncompliance with judgment--Conclusive evidence of facts.
21-50-7
Remedy not exclusive.
21-51-1
Limitation of actions on real property contract--Contract void after fifteen years.
21-51-2
Judicial discharge of lien or contract permitted if holder cannot be served in state--Proof required for discharge of contract.
21-51-3
Petition or complaint for discharge of record--Contents and allegations required.
21-51-4
Joinder of two or more applications for discharge.
21-51-5
Signature and verification of petition or complaint.
21-51-6
Order fixing time for hearing on petition or complaint--Notice.
21-51-7
Publication and posting of notice of hearing.
21-51-8
Proof required on hearing--Objections to relief requested.
21-51-9
Judgment discharging instrument and record--Contents and effect of judgment.
21-51-10
Recording of judgment--Effect as discharge.
21-51-11
Remedy not exclusive.
21-51-12
Removal of counterfeit lien--Filing of action.
21-51-13
Counterfeit document--Vacation of judgment.
21-52-1
Redemption defined--Sales subject to redemption.
21-52-2
Waste restrained during period of redemption--Uses of property not considered
waste.
21-52-3
Estates subject to redemption.
21-52-4
Foreclosure and execution sales subject to redemption.
21-52-5
Persons entitled to redeem.
21-52-6
Distinction between redemptioners abolished.
21-52-7
Owner's final right of redemption--Time allowed after expiration of other redemption
periods.
21-52-8
Action to redeem separate tract sold in combined sale--Determination of amount
required for redemption.
21-52-9
Redemptioner to redeem entire property.
21-52-10
Hearing and determination of amount required to redeem separate tract--Certificate
of redemption--Credit on price paid at sale.
21-52-11
Minimum time allowed for redemption--Exception for short-term redemption
mortgage.
21-52-12
Methods of extending time for redemption--Execution and recording of agreement
for extension--Redemptioners affected by agreement.
21-52-13
Extension of redemption period by payment of amounts then due--Certificate of
payment--Recording.
21-52-14
Amounts required for redemption from sale--Superior lien of purchaser included.
21-52-15
Expenses of annual assessment work on mining claims included in redemption price--Time of performing annual labor.
21-52-16
Notice of redemption served on purchaser or sheriff--Contents--Payment--Recording
of notice.
21-52-17
Proof of interest not required of party of record.
21-52-18
Proof of interest required of successor in interest.
21-52-19
Successive redemptions by junior lien holders.
21-52-20
Amounts payable to junior lien holders.
21-52-21
Amounts payable on partial redemptions.
21-52-22
Successive extensions of time on successive redemptions.
21-52-23
Time allowed for exercise of owner's final right of redemption.
21-52-24
Effect of sale terminated on final redemption by owner.
21-52-25
Certificate of redemption issued by sheriff--Contents of certificate--Statement of
amount required for further redemption.
21-52-26
Certificate of final redemption.
21-52-27
Recording of certificates of redemption.
21-52-28
Redemption by cotenant--Other cotenants obligated to contribute.
21-52-29
Service of notice and demand by cotenant making redemption--Notice of foreclosure
by failure to contribute.
21-52-30
Recording and service of notice by cotenant making redemption--Constructive notice.
21-52-31
Delivery and recording of certificate to cotenant making contribution.
21-52-32
Restoration of estate to cotenant making contribution.
21-53-1
Liens subject to foreclosure--Jurisdiction and venue of action.
21-53-2
Description of lien in judgment--Directions for sale of property.
21-53-3
Provisions in judgment for payment and safekeeping of surplus.
21-53-4
Remedy cumulative as to other remedies.
CHAPTER 21-54
FORECLOSURE OF PERSONAL PROPERTY LIENS AND PLEDGES BY ADVERTISEMENT
21-54-1 Remedy available where no other summary procedure provided.
21-54-2 Pledges foreclosed in manner prescribed by contract--Chapter applicable if procedure not prescribed.
21-54-3 Owner's affidavit of defense to summary foreclosure--Injunction requiring foreclosure by action--Costs taxed if defense not established.
21-54-4 Affidavit of lien recorded if lien not previously recorded.
21-54-5 Notice of sale issued--Contents.
21-54-6 Service of notice of sale--Mailing, publication and posting.
21-54-7 Place of sale--Notice of public access.
21-54-8 Time of sale--Adjournment to following day.
21-54-9 Sale of property in parts--Order of sale--Termination when sufficient amount raised.
21-54-10 Sale at auction to highest bidder--Purchase by lien holder.
21-54-11 Purchaser's title absolute and beyond redemption--Certificate or bill of sale--Evidence sufficient for registration of title.
21-54-12 Surplus paid to owner or clerk of courts.
21-54-13 Civil action for deficiency.
21-54-14 Report of proceedings--Contents and time of filing.
21-54-15 Abandoned mobile or manufactured home--Sale or disposal by real property owner--Notice to home owner--Promulgation of rules.
21-54-16 Notice to county treasurer of intent to sell or dispose--Promulgation of rules.
21-54-17 Disposition of abandoned mobile home or manufactured home that fails to sell--Abandoned title.
21-54-17.1 Disposal in lieu of sale--Abandoned title required.
21-54-18 Permit to move abandoned mobile home or manufactured home--Promulgation of rules.
21-54-19 Abatement of taxes owed on abandoned mobile home or manufactured home.
21-54-20 Voluntary transfer of title to mobile home or manufactured home to real property owner for disposal--Affidavit--Permit--Surrender of title to county treasurer.
21-54-21 Abatement of taxes on mobile home or manufactured home upon filing of affidavit and surrender of title.
21-55-1
Action or damages for conception or birth prohibited--"Conception" defined.
21-55-2
Action or damages for birth of another prohibited.
21-55-3
Consideration of failure to prevent live birth restricted in actions.
21-55-4
Limited effect of chapter.
21-57-1
Liability for dishonored checks, drafts, or orders--Minimum and maximum amounts--Court costs and interest--Satisfaction.
21-57-2
Final judgment required before liability asserted.
21-57-3
No liability in certain circumstances.
21-57-4
Notice of dishonor--Writing--Service.
21-57-5
Notice of dishonor--Information required.
21-57-6
Instruments and actions for recovery may be combined--Venue.
21-57-7
Criminal prosecution not precluded.
21-58-1
Legislative findings as to firearms.
21-58-2
Firearms manufacturers, distributors, and sellers not liable for injury caused by
firearms.
21-58-3
Associations of licensed firearms importers, manufacturers, or dealers not liable for
injury caused by firearms.
21-58-4
No limitation on liability for certain actions--Firearm's potential to cause injury not
a defective condition.
21-59-1 to 21-59-3. Repealed by SL 2009, ch 112, §§ 1 to 3.
21-60-1
Destruction of field crops, animals, or organisms prohibited--Liability--Exceptions.
21-60-2
Calculation of damages.
21-60-3
Limitation on damages.
21-61-1
Definition of terms.
21-61-2
Prohibition on recovery based on claims of weight gain, obesity, or health condition
resulting from long-term consumption of qualified product.
21-61-3
Application of chapter to pending claims.
21-61-4
Short title of chapter.
21-62-1
Prisoner defined.
21-62-2
Exhaustion of administrative remedies or grievance procedures.
21-62-3
Actions for mental or emotional injury prohibited.
21-62-4
Dismissal of actions regarding prison conditions.
21-62-5
Application of chapter.
21-62-6
Lack of administrative remedy no basis for action.
21-63-1
Definition of terms.
21-63-2
No product liability beyond useful safe life.
21-63-3
Factors in determining useful safe life.
21-63-4
Express warranty beyond useful safe life.
21-63-5
Time for bringing aviation product liability claim--Indemnity.
21-63-6
Product in compliance with legislative or administrative regulatory safety standards.
21-63-7
Product not in compliance with legislative or administrative regulatory safety
standards.
21-63-8
Product in compliance with mandatory government contract specification.
21-63-9
Product not in compliance with mandatory government contract specification.
21-63-10
Duty to warn or instruct.
21-63-11
Sections 20-9-10 and 20-9-10.1 unaffected.
21-63-12
Evidence of advancements, changes, or subsequent measures.
21-64-1
Definitions.
21-64-2
Use of personality's right of publicity for commercial purpose without consent
prohibited.
21-64-3
Application of chapter.
21-64-4
Termination of personality's right of publicity.
21-64-5
Cause of action for violation of personality's right of publicity.
21-64-6
Permitted uses of personality's right of publicity.
21-64-7
Permitted use of name to truthfully identify personality as author or performer.
21-64-8
Permitted use in connection with broadcast or reporting of event or topic of public
interest.
21-64-9
Permitted use where commercial value results from formal charges or conviction of
crime.
21-64-10
Registration prerequisite to recovery by successor in interest.
21-64-11
Registration of claim of right of publicity by successor in interest--Posting on
secretary of state's website.
21-64-12
Exclusive remedy.
CHAPTER 21-65
PROTECTION OF VULNERABLE ADULTS
21-65-1 Definitions.
21-65-2 Petition for relief from vulnerable adult abuse--Affidavit--Contents.
21-65-3 Ex parte temporary protection order.
21-65-4 Rights of vulnerable adult in action brought by substitute petitioner.
21-65-5 Forms for pro se actions.
21-65-6 Guardian ad litem.
21-65-7 Hearing on petition--Service of process.
21-65-8 Continuance of ex parte temporary protection order.
21-65-9 Temporary protection order effective until protection order served.
21-65-10 Persons who may make showing for protection order.
21-65-11 Relief available for vulnerable adult abuse.
21-65-12 Relief available for financial exploitation.
21-65-13 Limitations on protection order.
21-65-14 Term of protection order--Amendment or extension.
21-65-15 Attorney's fees and court costs.
21-65-16 Title to real property unaffected.
21-65-17 Delivery of protection order to law enforcement.
21-65-18 Right to relief unaffected by leaving home to avoid abuse.
21-65-19 Protection order--Violation--Penalty.
21-66-1
Definitions
.
21-66-2
Sworn statement identifying asbestos trust claims to be provided to parties.
21-66-3
Contents of sworn statement.
21-66-4
Availability of trust claims material--Supplementation
.
21-66-5
Admissibility of trust claims material and trust governance document--Discovery.
21-66-6
Grounds for stay of action
.
21-66-7
Conference regarding additional trust claim--Motion for order to file asbestos trust
claim.
21-66-8
Response to motion for order to file asbestos trust claim
.
21-66-9
Court order regarding filing of additional asbestos trust claim.
21-66-10
Admissibility of unresolved asbestos trust claim.
21-66-11
Sanctions for failure to provide required information
.
CHAPTER 21-67
UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT
21-67-1 Short title.
21-67-2 Definitions.
21-67-3 Intentional disclosure of intimate images--Civil action.
21-67-4 Exceptions to liability.
21-67-5 Plaintiff privacy.
21-67-6 Remedies.
21-67-7 Statute of limitations.
21-67-8 Construction.
21-67-9 Uniformity of application and construction.
CHAPTER 21-68
LIMITATION OF LIABILITY FOR EXPOSURE TO COVID-19
21-68-1 Definitions.
21-68-2 Limitation--Actions--Diagnosis--Intentional exposure.
21-68-3 Limitation--Actions--Owner--Premises.
21-68-4 Limitation--Actions--Health care provider.
21-68-5 Limitation--Actions--Personal protective equipment.
21-68-6 Construction.
