49-31-12.1. Tariff as prima facie evidence of reasonableness--Commission certified as true copy.Any tariff, or a certified copy, approved pursuant to §49-31-1.4, 49-31-12, 49-31-12.2, 49-31-12.4, or 49-31-12.5, shall be received in evidence as an official tariff on file with the commission, without further proof. The commission shall certify that the tariff in question is a true copy of the original on file with the commission and that it is currently in effect. The tariff shall, in any suit brought against a company, constitute prima facie evidence that the rates or prices approved thereby are fair and reasonable. Source: SDC 1939, §52.0216; SDCL, §§49-10-4, 49-10-5; SL 1979, ch 307, §57; SL 1987, ch 345, §56; SL 1988, ch 375, §17; SL 1992, ch 328, §17.
South Dakota Legal Code