37-1-11.2. Petition for enforcement of attorney general's demand--Court order--Protective provisions.
If a person objects to or otherwise fails to comply with the written demand served upon him under §37-1-11.1 the attorney general may file in the circuit court of the county in which the person resides or in which he maintains a principal place of business within this state petition for an order to enforce the demand. Notice of hearing the petition and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds that the demand is proper, there is reasonable cause to believe there may have been a violation of this chapter, and the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand subject to modification the court may prescribe. Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.
Source: SL 1977, ch 305, §7.
Structure South Dakota Codified Laws
Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices
Section 37-1-3.1 - Combinations in restraint of trade unlawful--Entities subject to prohibition.
Section 37-1-3.2 - Monopolies and attempts to monopolize unlawful.
Section 37-1-3.3 - Monopoly or restraint of trade as felony.
Section 37-1-3.4 - Labor not an article of commerce--Labor and agricultural organizations permitted.
Section 37-1-3.5 - Regulated utility services exempt.
Section 37-1-4 - Discriminating between localities in selling as unfair discrimination.
Section 37-1-5 - Discriminating between localities in buying as unfair discrimination.
Section 37-1-6 - Price differential to meet competition in buying permitted.
Section 37-1-7 - Unlawful discrimination in buying or selling as felony.
Section 37-1-8 - Fraudulent statements to affect market price as felony.
Section 37-1-11 - Criminal proceedings instituted by attorney general.
Section 37-1-11.3 - Confidentiality of evidence produced on demand--Waiver.
Section 37-1-11.4 - Self-incriminating evidence required on promise of immunity.
Section 37-1-14.1 - Venue of actions for violation.
Section 37-1-14.4 - Limitation of actions for violations.
Section 37-1-16.1 - Judgment in action by state as prima facie evidence in later actions.
Section 37-1-18 - Failure to attend or produce evidence as contempt.
Section 37-1-20 - Remedies cumulative.
Section 37-1-22 - Judicial interpretations of similar statutes as guide.
Section 37-1-23 - Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.
Section 37-1-24 - Treble damages and cost of suit as measure of monetary relief.
Section 37-1-25 - Exclusions in determining amount of monetary relief.
Section 37-1-26 - Proof of damages--Assessment in aggregate.
Section 37-1-27 - Notice--Manner of giving.
Section 37-1-29 - Judgment as res judicata.
Section 37-1-30 - Dismissal or compromise--Approval of court required--Notice.
Section 37-1-32 - Attorney general's powers--Common law powers not derogated.