36-13-26. Certified abstract as prima facie evidence in judicial proceedings.
Any abstract of title certified to be true and correct by any abstracter holding a valid certificate of registration pursuant to this chapter, under the signature and seal of such abstracter, shall be received by the courts of this state as prima facie evidence of the existence of records of the content and filing indicated on the abstract, subject to such rules as to procedure as the Supreme Court may promulgate in such cases.
Source: SDC 1939, §1.0110; SL 2008, ch 195, §32.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 13 - Abstracters Of Title
Section 36-13-1 - Abstracters' Board of Examiners--Professional members.
Section 36-13-1.1 - Lay member of board.
Section 36-13-1.2 - Definition of terms.
Section 36-13-1.3 - Chain of title defined.
Section 36-13-2 - Election of officers--Bond required of secretary-treasurer.
Section 36-13-2.1 - Board continued within Department of Labor and Regulation--Records and reports.
Section 36-13-4 - Records and accounts of board--Inspection.
Section 36-13-6 - Enforcement of chapter by board--Seal.
Section 36-13-6.1 - Promulgation of rules.
Section 36-13-7 - Subpoena power of board officers--Administration of oaths--Depositions.
Section 36-13-8 - Certificate of registration required for business of abstracting.
Section 36-13-9 - Unauthorized business prohibited--Violation as misdemeanor.
Section 36-13-9.1 - Injunctions--Election of remedies.
Section 36-13-10 - Title plant required to engage in business.
Section 36-13-11 - Application for certificate of registration--Examination--Fees.
Section 36-13-11.1 - Criminal background investigation of applicants.
Section 36-13-12 - Scope of examination for certificate of registration.
Section 36-13-13 - Separate applications and examinations for different counties.
Section 36-13-15 - Bond required for certificate of registration--Amount and conditions.
Section 36-13-17 - Filing and registration of bond.
Section 36-13-18 - Additional bond required for certificate--Insufficient bond.
Section 36-13-19 - Parties to action on abstracter's bond.
Section 36-13-21.1 - Inspection costs collected from applicant.
Section 36-13-22 - Temporary certificate to engage in business.
Section 36-13-23 - Register of applicants and certificates.
Section 36-13-24 - Seal of abstracter--Impression deposited with board--Affixing to abstracts.
Section 36-13-26 - Certified abstract as prima facie evidence in judicial proceedings.
Section 36-13-26.1 - Abstracter's countersignature on title policy.
Section 36-13-27 - Destroyed public records replaced from abstracter's records--Expense.
Section 36-13-28 - Suspension or revocation of certificate of registration.