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 the plaintiff files the asbestos trust claim and provides all parties with any trust claims material within thirty days before the trial date. If the court determines 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 under §21-66-7 exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides each party with a verified statement of the plaintiff's history of exposure, usage, or any other connection to asbestos covered by the asbestos trust.
Source: SL 2017, ch 94, §9.
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 .