21-1-4.1. Discovery and trial of exemplary damage claims.
In any claim alleging punitive or exemplary damages, before any discovery relating thereto may be commenced and before any such claim may be submitted to the finder of fact, the court shall find, after a hearing and based upon clear and convincing evidence, that there is a reasonable basis to believe that there has been willful, wanton or malicious conduct on the part of the party claimed against.
Source: SL 1986, ch 161.
Structure South Dakota Codified Laws
Chapter 01 - Actions For Damages Generally
Section 21-1-1 - Right to damages for detriment from unlawful act or omission of another.
Section 21-1-2 - Nominal damages for breach of duty without detriment.
Section 21-1-3 - Damages to be reasonable.
Section 21-1-4 - Exemplary or penal damages only as provided--Interest on damages.
Section 21-1-4.1 - Discovery and trial of exemplary damage claims.
Section 21-1-6 - Market value considered in estimating damage to property.
Section 21-1-9 - Value of instrument presumed equal to value of property represented.
Section 21-1-10 - Damages awarded for detriment after commencement of action.
Section 21-1-12 - Acceptance of principal as waiver of interest.
Section 21-1-13.1 - Interest on damages--Prejudgment interest--Retroactive application.
Section 21-1-13.2 - Application of interest statutes.