15-17-38. Award of attorneys' fees--Taxed as disbursements.
The compensation of attorneys and counselors at law for services rendered in civil and criminal actions and special proceedings is left to the agreement, express or implied, of the parties. However, attorneys' fees may be taxed as disbursements if allowed by specific statute. The court, if appropriate, in the interests of justice, may award payment of attorneys' fees in all cases of divorce, annulment of marriage, determination of paternity, custody, visitation, separate maintenance, support, or alimony. The court may award the fees before or after judgment or order. The court may award attorneys' fees from trusts administered through the court as well as in probate and guardianship proceedings. Attorneys' fees may be taxed as disbursements on mortgage foreclosures either by action or by advertisement.
Source: SL 1992, ch 148, §3; SL 2006, ch 111, §1.
Structure South Dakota Codified Laws
Chapter 17 - Recovery Of Disbursements
Section 15-17-16.1 - Imposition of costs and attorneys' fees on grant of mistrial.
Section 15-17-36 - Costs not an indemnity--Disbursements.
Section 15-17-37 - Prevailing party recovery--Taxation.
Section 15-17-37.1 - Interpreter or translator services--Payment.
Section 15-17-38 - Award of attorneys' fees--Taxed as disbursements.
Section 15-17-40 - Recovery limited.
Section 15-17-41 - Disbursements taxed against multiple parties.
Section 15-17-42 - Application of chapter.
Section 15-17-44 - Taxation of disbursements--Discretion of court.
Section 15-17-46 - Plaintiff's lien on recovery in taxpayer's action.
Section 15-17-47 - Judgment against surety where security for disbursements given.
Section 15-17-48 - Disbursements awarded against infant.
Section 15-17-49 - Disbursement against personal representative or trustee of express trust.
Section 15-17-50 - Expenses of requiring jury to report--Apportionment.
Section 15-17-51 - Liability of party for frivolous or malicious action.
Section 15-17-52 - Limit of taxation of disbursements.
Section 15-17-53 - Reduction or disallowance of disbursements for hardship.
Section 15-17-54 - New trial--Taxation of disbursements.
Section 15-17-55 - Reversal upon appeal--Taxation of disbursements.
Section 15-17-56 - Disbursements taxed by party not prevailing on appeal--Discretion of court.
Section 15-17-58 - Reconsideration of disbursements upon Supreme Court ruling--Discretion of court.
Section 15-17-59 - Dismissal for lack of jurisdiction--Disbursements.
Section 15-17-60 - Disbursements caused by postponement of trial.