The Swier Law Firm Business Litigation FAQs
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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How much will my South Dakota business lawsuit cost me?
You’ve been served with notice of a lawsuit against your company. Now you are faced with fear of what will come next for your business. One of the biggest questions streaming through your mind is how much you will have to pay to help avoid this lawsuit and how your business will recover from this potentially large financial blow.
It is difficult to anticipate how much a business lawsuit in South Dakota will cost. This is because there are a number of factors that go into the lawsuit that can increase or decrease the price tag. Here are just a few of the variables you can expect to have to pay:
- Payment for expert witnesses. Expert witnesses are widely used to help resolve lawsuits involving major issues. For example, an environmental lawsuit against a business in South Dakota can be very high priced. Once your lawyer locates expert witnesses to defend your company or farm, you may have to pay out significant dollars to get them to testify.
- Lawyer fees. Another fee that you can expect to have to pay is an attorney fee. This fee is necessary to ensure that you get the representation you need to win against your lawsuit in South Dakota.
- Miscellaneous fees. There are a number of miscellaneous fees that you may not realize you will incur at first. Some of these include travel fees, filing fees, postage costs, etc.
As you start preparing for your trial together with your South Dakota business litigation lawyer, let us know of your questions about the cost. We will look at your specific situation and determine what you can expect to pay, so that there are fewer surprises in the long run to your company budget.
In South Dakota, when does the statute of limitations for a fraud claim begin?
Under South Dakota law, the statute of limitations for a claim of fraud does not begin to run until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud.
What does South Dakota law require for a valid contract?
In South Dakota, the essential requirements for a valid contract are:
(1) Parties capable of contracting;
(2) Their consent;
(3) A lawful object; and
(4) Sufficient cause or consideration.
In South Dakota, who can make a valid contract?
Under South Dakota law, any person is capable of making a valid contract except minors, persons of unsound mind, and persons deprived of civil rights.
Has South Dakota adopted the Uniform Enforcement of Foreign Judgments Act?
Yes. South Dakota has adopted the Uniform Enforcement of Foreign Judgments Act.
I own a business in Iowa and have received a judgment from an Iowa court against a business in Sioux Falls. How can I enforce this Iowa judgment in Sioux Falls?
South Dakota has adopted the Uniform Enforcement of Foreign Judgments Act. You will need to follow the requirements of this Act to enforce your Iowa judgment in South Dakota.
I live in Sioux Falls and believe that I may have a potential lawsuit against my real estate agent. In South Dakota, what is the statute of limitations for a lawsuit against a real estate agent?
Under South Dakota law, no action may be brought against a licensed real estate broker, broker associate, or salesperson, or any agent or employee thereof, for malpractice, error, mistake, or omission, whether based upon contract or tort, unless it is commenced within three years of the occurrence of the alleged malpractice, error, mistake, or omission.
I own a business in Sioux Falls and have just been served with a lawsuit. The lawsuit includes a "Summons" and "Complaint." In South Dakota, how much time do I have to respond to this lawsuit?
Under South Dakota law, a "Summons" requires you to answer the "Complaint" and serve a copy of your answer within thirty days after the service of the summons (not including the day of service).
I am a business owner who has received a judgment in Iowa against a South Dakota resident. Is this considered a "foreign judgment"?
Yes. Under South Dakota law, a "foreign judgment" is any judgment, decree, or order of a court of the United States or any of the several states which is entitled to full faith and credit in South Dakota.
I am a business owner in Sioux Falls and believe I may have been the victim of fraud that took place four years ago. In South Dakota, when does the statute of limitations for a cause of action for fraud start?
Under South Dakota law, in an action for relief on the ground of fraud, the cause of action shall not be deemed to have accrued until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud.