South Dakota Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction

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US-02104BG
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Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.


Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Codified Law 26-8A-2 | South Dakota Legislature. 26-8A-2. Abused or neglected child. (10) Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance.

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

Good Samaritan laws are statutes that provide legal protection to individuals who provide emergency care to others in good faith without expecting compensation or reward. The purpose of these laws is to enable individuals to assist others without fear of being sued or prosecuted for negligence or misconduct.

See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

Typically, Good Samaritan laws provide immunity from civil damages for personal injuries, even including death, that result from ordinary negligence. They do not, for the most part, protect against allegations of gross negligence.

Good Samaritan laws typically do not legally protect on-duty doctors. However, there have been cases in the hospital setting when a physician has been deemed a good Samaritan and afforded the protection of these laws.

A person who uses or threatens to use deadly force in ance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.

Good Samaritan Law in South Dakota South Dakota has enacted a general Good Samaritan law that is codified in SDCL § 20-9-4.1. The statute provides immunity from civil damages for individuals who render emergency care, in good faith, for those in need.

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South Dakota Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction