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.
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