§ 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 presidingcircuit judge–Appointment of commissioner–Filing if claim arose, or petitionerresides, out of stat
§ 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 Governorand 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 andrepresentation of state
§ 21-32-10 Original action in Supreme Court on claim disallowed by state auditor–Filing ofcomplaint
§ 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 attorneygeneral
§ 21-32-13 Trial of action in Supreme Court
§ 21-32-14 Execution not issued against state–Judgment certified to state auditor–Payment ofdamages
§ 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
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 32 - Remedies Against the State

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2