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Code · South Dakota · Title 15 · Chapter 15-2

15-2-33. Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties.

95 words·~1 min read·/sd/title-15/chapter-15-2/15-2-33

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If a plaintiff in a civil action has not satisfied a judgment for expenses, attorney's fees, or both, entered in a prior civil case involving substantially the same parties brought in the circuit where the present action is pending, and the court, in support of the judgment, made a finding, pursuant to § 15-17-51 , that the proceeding was frivolous or brought for a malicious purpose, the plaintiff may be dismissed from the action without prejudice, subject to the right of the plaintiff to recommence the action upon filing of a satisfaction of the judgment.
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