21-66-1.Definitions. Terms used in this chapter mean: (1)”Asbestos,” chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, or any of these minerals that have been chemically treated or altered, including any mineral defined as asbestos in 29 C.F. R. §1910 at the time an asbestos action is filed; […]
21-66-10. Admissibility of unresolved asbestos trust claim. If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered relevant and admissible evidence. Source: SL 2017, ch 94, §10.
21-66-11. Sanctions for failure to provide required information. A plaintiff who fails to provide any information required under this chapter is subject to a sanction as provided in the South Dakota Rules of Civil Procedure and any other relief for a defendant that the court considers just and proper. Source: SL 2017, ch 94, §11.
21-66-2. Sworn statement identifying asbestos trust claims to be provided to parties. Not more than one hundred twenty days prior to the date set for trial for each asbestos action filed in this state, the plaintiff shall provide each party with a sworn statement identifying any asbestos trust claim that has been filed by the […]
21-66-3. Contents of sworn statement. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement under §21-66-2, the statement shall include: (1)The name, address and contact information for the asbestos trust, the amount claimed or to be claimed by the plaintiff, the date the plaintiff filed the claim, the disposition […]
21-66-4. Availability of trust claims material–Supplementation. The plaintiff shall make available to each party any trust claims material for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff’s behalf against an asbestos trust, including any asbestos-related disease. The plaintiff shall supplement the information and material provided pursuant […]
21-66-5. Admissibility of trust claims material and trust governance document–Discovery. Every trust claims material or trust governance document is presumed to be relevant and authentic and is admissible in evidence. Claims of privilege do not apply to any trust claims material or trust governance document. A defendant in an asbestos action may seek discovery from […]
21-66-6. Grounds for stay of action. A court shall stay an asbestos action if the court finds that the plaintiff has failed to make any disclosure required under this chapter within one hundred twenty days before the trial date. If, in any disclosure required under this chapter, a plaintiff identifies a potential asbestos trust claim, […]
21-66-7. Conference regarding additional trust claim–Motion for order to file asbestos trust claim. If, not less than ninety days before trial, a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff may file, the defendant shall confer with the plaintiff regarding any additional asbestos trust […]
21-66-8. Response to motion for order to file asbestos trust claim. Within ten days following receipt of the defendant’s motion under §21-66-7, the plaintiff shall for each asbestos trust claim identified by the defendant: (1)File the asbestos trust claim; (2)File a written response with the court setting forth any reason why there is insufficient evidence […]
21-66-9. Court order regarding filing of additional asbestos trust claim. If the court determines that there is sufficient basis for the plaintiff to file an additional asbestos trust claim identified by the defendant pursuant to §21-66-7, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until […]
