15-6-23(a). Prerequisites to a class action.
116 words·~1 min read·
/sd/title-15/chapter-15-6/15-6-23-a·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
One or more members of a class may sue or be sued as representative parties on behalf of all only if:
(1)The class is so numerous that joinder of all members is impracticable;
(2)There are questions of law or fact common to the class;
(3)The claims or defenses of the representative parties are typical of the claims or defenses of the class;
(4)The representative parties will fairly and adequately protect the interests of the class; and
(5)The suit is not against this state for the recovery of a tax imposed by chapter 10-39 , 10-39A , 10-43 , 10-44 , 10-45 , 10-46 , 10-46A , 10-46B , or 10-52 .