Section 58-12-3.1 - Separate hearing on attorney fees--Adding to judgment--Time allowed to requesthearing. - South Dakota Statutes

58-12-3.1. Separate hearing on attorney fees--Adding to judgment--Time allowed to request hearing. The determination of entitlement to an allowance of attorney fees as costs and the amount thereof under § 58-12-3 shall be made by the court or the Department of Labor at a separate hearing of record subsequent to the entry of a judgment or award in favor of the person making claim against the insurance company, and, if an allowance is made, the amount thereof shall be inserted in or added to the judgment or award. Such a hearing shall be afforded upon the request of the claimant made within ten days after entry of the judgment or award.

Source: SL 1973, ch 298.