South Dakota Administrative Rules
Title 47 - Department of Labor And Regulation
Article 47:03 - Workers' compensation
Chapter 47:03:01 - Workers' compensation hearings
Section 47:03:01:09 - Dismissal for want of prosecution

Universal Citation: SD Admin Rules 47:03:01:09
Current through Register Vol. 51, page 43, September 23, 2024

With prior written notice to counsel of record, the division may, upon its own motion or the motion of a defending party, dismiss any petition for want of prosecution if there has been no record of activity for at least one year, unless good cause is shown to the contrary. The "record" for purposes of establishing good cause shall include the following non-exhaustive list: settlement negotiations between the parties or their counsel formal or informal discovery proceedings, the exchange of any pleadings, and written evidence of agreements between the parties or counsel which justifiably result in delays in prosecution. Dismissal under this section shall be without prejudice.

General Authority: SDCL 62-2-5.

Law Implemented: SDCL 62-7-12.

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