36-21A-107. Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.If an applicant's judgment is by default, stipulation or consent, or if the action against the licensee was defended by a trustee in bankruptcy, the applicant has the burden of proving his cause of action for fraudulent, deceptive or dishonest practices or conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the alleged fraudulent, deceptive or dishonest practices or alleged conversion of trust funds. Source: SL 1992, ch 273, §107.
South Dakota Legal Code