16-19-91. Burden of proof in medical inactive status and reinstatement proceedings.In a proceeding seeking a transfer of an attorney to medical inactive status under §16-19-92, the burden of proof shall rest with the board. In a proceeding seeking an order of reinstatement to active status under §16-19-98, the burden of proof shall rest with the attorney. In either case, the burden of proof shall be by clear and convincing evidence. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (e); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (e); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
South Dakota Legal Code