Appointment of panel to make determination--Burden of proof.
SDCL § 47-1A-744.5
in effect47-1A-744.5. Appointment of panel to make determination--Burden of proof.
The court may appoint a panel of one or more independent persons upon motion by the corporation to make a determination whether the maintenance of the derivative proceeding is in the best interests of the corporation. In such case, the plaintiff has the burden of proving that the requirements of § 47-1A-744 have not been met.
SL 2005, ch 239, § 132.
Source: South Dakota Legislature (sdlegislature.gov)URL: https://sdlegislature.gov/Statutes/47-1A-744.5Fetched: 10/20/2026
