§ 15-6-23(a). Prerequisites to a class action

Codes > South Dakota Codified Laws > Title 15 > Chapter 15-6 : IV. Parties > 15-6-23(a). Prerequisites

15-6-23(a). Prerequisites to a class action

One or more members of a class may sue or be sued as representative parties on behalf of all only if:

(1) The class is so numerous that joinder of all members is impracticable;

(2) There are questions of law or fact common to the class;

(3) The claims or defenses of the representative parties are typical of the claims or defenses of the class;

(4) The representative parties will fairly and adequately protect the interests of the class; and

(5) The suit is not against this state for the recovery of a tax imposed by chapter 10-39, 10-39A, 10-40, 10-41, 10-43, 10-44, 10-45, 10-46, 10-46A, 10-46B, or 10-52.