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 for the plaintiff to file the asbestos trust claim; or
(3)File a written response with the court requesting a determination that the plaintiff's expenses, or attorney's fees and expenses, to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.
Source: SL 2017, ch 94, §8.
Structure South Dakota Codified Laws
Chapter 66 - Asbestos Trust Claims
Section 21-66-1 - Definitions .
Section 21-66-2 - Sworn statement identifying asbestos trust claims to be provided to parties.
Section 21-66-3 - Contents of sworn statement.
Section 21-66-4 - Availability of trust claims material--Supplementation .
Section 21-66-5 - Admissibility of trust claims material and trust governance document--Discovery.
Section 21-66-6 - Grounds for stay of action .
Section 21-66-8 - Response to motion for order to file asbestos trust claim .
Section 21-66-9 - Court order regarding filing of additional asbestos trust claim.
Section 21-66-10 - Admissibility of unresolved asbestos trust claim.
Section 21-66-11 - Sanctions for failure to provide required information .