47:03:01:09.  Dismissal for want of prosecution. With prior written notice to counsel of record, the division may, upon its own motion or the motion of a defending party, dismiss any petition for want of prosecution if there has been no record of activity for at least one year, unless good cause is shown to the contrary. The "record" for purposes of establishing good cause shall include the following non-exhaustive list:  settlement negotiations between the parties or their counsel, formal or informal discovery proceedings, the exchange of any pleadings, and written evidence of agreements between the parties or counsel which justifiably result in delays in prosecution. Dismissal under this section shall be without prejudice.

          Source: 16 SDR 226, effective June 24, 1990; 47 SDR 42, effective October 14, 2020.

          General Authority: SDCL 62-2-5.

          Law Implemented: SDCL 62-7-12.

          Collateral Reference: LaPlante v GG NSC Madison, South Dakota, LLC d/b/a Golden Living Center- Madison and Insurance Company of the State of Pennsylvania, 2020 SD 13.