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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In South Dakota, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been finally adjudicated by a competent court. Once a final judgment has been rendered, the same parties cannot bring a lawsuit on the same claim or cause of action again. This principle ensures finality and efficiency in the legal process, preventing the same dispute from being litigated multiple times. Issue preclusion, also known as collateral estoppel, is a related concept that bars the relitigation of specific issues that were already decided in a previous lawsuit between the same parties. For issue preclusion to apply, the issue must have been actually litigated, determined by a valid and final judgment, and essential to the prior judgment. Both doctrines are grounded in the interest of judicial economy and the finality of judgments, and they are codified in South Dakota's statutes and interpreted by state case law.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Civil procedure

res judicata and collateral estoppel

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