South Dakota Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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Upon proof of the notice required by § 25-5A-9 and personal service as required by §§ 25-5A-11 and 25-5A-12 to all parents and putative fathers of a child, if, after the court determines that the parents have consented or have waived consent pursuant to § 25-6-4, the court finds that the termination of parental rights ...

Under South Dakota law, the temporary guardianship or conservatorship of a minor child cannot be longer than 6 months, and the temporary guardianship or conservatorship of a protected person cannot be longer than 90 days, unless extended for an additional 90 days by court order.

Under South Dakota law, a ?guardian? has authority over personal and healthcare decisions while a ?conservator? has authority over the protected person's property and financial affairs.

Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.

An individual retains all rights not granted to the guardian/conservator through the appointment by the court. For example, the guardian/conservator does not have the right to change an individual's state of residence, marital status, parental rights, or power of attorney without the court's specific authorization.

Statute of Limitations for Medical Malpractice Claims in South Dakota. In general, medical malpractice claims in South Dakota are subject to a two-year statute of limitations contained in South Dakota Codified Laws(?SDCL?)§ 15-2-14.1.

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).

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

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South Dakota Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care