South Dakota Codified Laws
S.D. Codified Laws § 60-11-24 (2026)
Action removed by defendant--Plaintiff's costs and attorney fees.
✓ current as of May 2026
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60-11-24. Action removed by defendant--Plaintiff's costs and attorney fees.
In any action for wages brought in small claims court which is removed to magistrate court or circuit court under § 15-39-57, the court may, in addition to awarding judgment to the plaintiff, allow costs of the action, including reasonable attorney fees, to be paid by the defendant.
Source: SL 1983, ch 158, § 1; SL 2021, ch 86, § 5.
Notes of Decisions
Cited in 3
cases, 1996–2020 · leading case: Koopman v. City of Edgemont, 2020 S.D. 37 (S.D. 2020).
Koopman v. City of Edgemont, 2020 S.D. 37 (S.D. 2020). “] Following the court’s ruling, Koopman filed a motion for attorney fees under SDCL 60-11-24. 2 The circuit court denied the motion, determining that SDCL 60-11-24 only authorized attorney fees on wage claims removed for a jury trial under SDCL 15-39-59, which had been repealed.”
City of Wheat Ridge v. Cerveny, 913 P.2d 1110 (Colo. 1996). “9a(f) (1992) (the court shall “allow costs for reasonable attorneys’ fees”); S.D. Codified Laws Ann. § 60-11-24 “Costs and attorney fees allowed plaintiff in action removed by defendant” (1993) (“the court may, in addition to awarding judgment to the plaintiff, allow costs of…”
Goin v. Houdashelt, 2020 S.D. 32 (S.D. 2020). “After ruling in favor of Goin on the unpaid wages claim at trial, the circuit court determined that Goin’s request for attorney fees under SDCL 60-11-24 could not be granted, though reasonable, because the removal statute referenced in SDCL 60-11-24 had been repealed.”
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