15-17-51. Liability of party for frivolous or malicious action.
If a civil action, including an action for appeal of a zoning decision, or special proceeding is dismissed or requested relief is denied and if the court determines that it was frivolous or brought for malicious purposes, the court shall order the party whose claim, cause of action, or defense was dismissed or denied to pay part or all expenses incurred by the party defending the matter, including reasonable attorneys' fees.
Source: SL 1992, ch 148, §16; SL 1997, ch 113, §1; SL 2015, ch 114, §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.