South Dakota Codified Laws
Chapter 13 - Procedure On Complaints To Public Utilities Commission
Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.

49-13-19. Enforcement of mandamus or other proper process for failure to obey.
If a telecommunications company or motor carrier disobeys the writ of mandamus or other proper process, mandatory or otherwise, issued pursuant to §49-13-18, the court may issue writs of attachment or other process of the court incident or applicable to writs of mandamus or other proper process, peremptory or otherwise, against the telecommunications company or motor carrier and, if it is a corporation, against one or more of its directors, officers, or agents or against any owner, lessee, trustee, receiver, or other person failing to obey the writ of mandamus or other process, mandatory or otherwise.

Source: SDC 1939, §52.0304; SL 1987, ch 345, §32.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 13 - Procedure On Complaints To Public Utilities Commission

Section 49-13-1 - Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.

Section 49-13-1.1 - Complaint to commission or suit by private person--Election of remedies.

Section 49-13-3 - Compliance by telecommunications company or carrier as exoneration only for particular violation complained of.

Section 49-13-4 - Investigation of complaint--Inquiry without complaint.

Section 49-13-5 - Authority of commission on inquiry without complaint.

Section 49-13-6 - Docket--Contents--Index.

Section 49-13-7 - Record--Contents--Transcript of evidence.

Section 49-13-9 - Hearing before any commissioner.

Section 49-13-9.1 - Corporations and business entities may appear without counsel in certain cases.

Section 49-13-13 - Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply.

Section 49-13-14 - Determination of damages--Order directing payment.

Section 49-13-14.1 - Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.

Section 49-13-14.2 - Necessity for demand before suit.

Section 49-13-16 - Presumption of validity of order--Burden to prove invalidity.

Section 49-13-17 - Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.

Section 49-13-18 - Issuance of mandamus or other proper process.

Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.

Section 49-13-20 - Money judgment for default in compliance--Disposition of money.

Section 49-13-21 - Recovery of moneys by attachment or execution--Appeal to Supreme Court.

Section 49-13-22 - Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees.

Section 49-13-23 - Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.

Section 49-13-24 - Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions.

Section 49-13-25 - Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence.

Section 49-13-26 - Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.

Section 49-13-27 - Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties.