South Dakota Codified Laws 10-64-3. Declaratory judgment action against out-of-state seller
Notwithstanding any other provision of law, and whether or not the state initiates an audit or other tax collection procedure, the state may bring a declaratory judgment action under chapter 21-24 in any circuit court against any person the state believes meets the criteria of § 10-64-2 to establish that the obligation to remit sales tax is applicable and valid under state and federal law. The circuit court shall act on this declaratory judgment action as expeditiously as possible and this action shall proceed with priority over any other action presenting the same question in any other venue.
In this action, the court shall presume that the matter may be fully resolved through a motion to dismiss or a motion for summary judgment. However, if these motions do not resolve the action, any discovery allowed by the court may not exceed the provisions of subdivisions 15-6-73(2) and (4).
Terms Used In South Dakota Codified Laws 10-64-3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Venue: The geographical location in which a case is tried.
The provisions of § 10-59-34, along with any other provisions authorizing attorney’s fees, do not apply to any action brought pursuant to this chapter or any appeal from any action brought pursuant to this chapter.
No declaratory judgment action may be initiated pursuant to this section or this chapter at any time after September 12, 2018.
Source: SL 2016, ch 70, § 2, eff. May 1, 2016; SL 2018 (SS), ch 2, § 2, eff. Sept. 12, 2018.