A class action is a type of lawsuit in which one or a few plaintiffs seek to represent hundreds or thousands of plaintiffs with the same or similar claims against the same defendants. Rules of procedure in state and federal courts permit class actions in limited circumstances for the purpose of resolving similar disputes more efficiently than if each plaintiff filed a separate lawsuit.
In South Dakota, class action lawsuits are governed by state statutes and rules of civil procedure that align with the Federal Rules of Civil Procedure. Specifically, South Dakota Codified Laws (SDCL) and South Dakota Rules of Civil Procedure (SDRCP) allow for class actions under certain conditions. These conditions include the presence of a large number of individuals affected by the same issue, common legal or factual questions, representative parties with claims or defenses typical of the class, and a class representative who can fairly and adequately protect the interests of the class. The purpose of a class action in South Dakota, as in federal courts, is to provide an efficient and economical means for handling numerous similar claims that might be impractical to litigate individually. The court will certify a class action if it meets these requirements, and the case will proceed to resolve issues for all class members, except for those who choose to opt out.