The determination of entitlement to an allowance of attorney fees as costs and the amount thereof under § 58-12-3 shall be made by the court or the Department of Labor and Regulation at a separate hearing of record subsequent to the entry of a judgment or award in favor of the person making claim against the insurance company, and, if an allowance is made, the amount thereof shall be inserted in or added to the judgment or award. Such a hearing shall be afforded upon the request of the claimant made within ten days after entry of the judgment or award.
S.D. Codified Laws § 58-12-3.1
Separate hearing on attorney fees--Adding to judgment--Time allowed to request hearing
Applied in 9 court decisions — leading case Johnson v. Skelly Oil Co. (1984)
Most recently applied in Sentell v. Farm Mutual Ins. (March 2021)
Source: SL 1973, ch 298; SL 2011, ch 1 (Ex
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.