reglab/housing_qa huggingface dataset:
SD Codified L § 15-24A-10 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 24A - Certification Of Questions Of Law To Supreme Court|Section 15-24A-10 - Construction.

15-24A-10. Construction.This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: Supreme Court Rule 85-7, §9.
SD Codified L § 15-24A-11 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 24A - Certification Of Questions Of Law To Supreme Court|Section 15-24A-11 - Short title.

15-24A-11. Short title.This chapter may be cited as the Uniform Certification of Questions of Law Rule. Source: Supreme Court Rule 85-7, §10.
SD Codified L § 15-25-1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 25 - Original Proceedings In Supreme Court|Section 15-25-1 - Matters in which original jurisdiction exercised.

15-25-1.Matters in which original jurisdiction exercised.The exercise of the original jurisdiction granted the Supreme Court by S. D. Const., Art. V, §5, is reserved for the consideration of matters of prerogative, extraordinary, and general concern. Source: SDC 1939 & Supp 1960, §33.0601; SL 1984, ch 12, §10.
SD Codified L § 15-25-2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 25 - Original Proceedings In Supreme Court|Section 15-25-2 - Application to commence proceeding--Fee--Number of copies filed.

15-25-2. Application to commence proceeding--Fee--Number of copies filed.Application for permission to commence such action or proceeding and to fix the procedure to be followed therein shall be accompanied by the form of plaintiff's proposed pleading and by a filing fee. The original and five copies of the application, proposed complaint and supporting papers, if any, shall be filed with the clerk of the Supreme Court. Source: SDC 1939 & Supp 1960, §33.0602; Supreme Court Order dated and effective September 14, 1972.
SD Codified L § 15-25-3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 25 - Original Proceedings In Supreme Court|Section 15-25-3 - Petition for rehearing on decision.

15-25-3. Petition for rehearing on decision.Any party may petition for a rehearing upon a decision, in the event that any issue or question of law or fact appears to have been overlooked or misapprehended by the court, by filing and service of such petition at any time within twenty days after copy of the decision has been mailed or delivered by the clerk. Such petition shall state briefly and without argument the issue, fact or law claimed to have been overlooked or misapprehended by the court. Source: SDC 1939 & Supp 1960, §33.0603.
SD Codified L § 15-25-4 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 25 - Original Proceedings In Supreme Court|Section 15-25-4 - Reply to petition for rehearing.

15-25-4. Reply to petition for rehearing.Any party may reply to the petition for rehearing by serving and filing such reply at any time within ten days after the service thereof. Source: SDC 1939 & Supp 1960, §33.0603.
SD Codified L § 15-25-5 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 25 - Original Proceedings In Supreme Court|Section 15-25-5 - Docketing in circuit court and enforcement of Supreme Court judgment for money.

15-25-5. Docketing in circuit court and enforcement of Supreme Court judgment for money.Whenever, in an original action in the Supreme Court, a judgment either in whole or in part directing the payment of money shall be given and entered, a transcript of such judgment may be filed and docketed in the office of the clerk of courts of any county in the state, and from the time of the docketing of such judgment the same shall become a judgment of the circuit court of such county, and shall have the same force and effect and shall be a lien upon real property as a judgment of the circuit court rendered and docketed in said county, and may be enforced as a judgment of such circuit court. This section shall not apply to judgments against the state. Source: SDC 1939 & Supp 1960, §33.1714.
SD Codified L § 15-26A-1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-1 - Scope of rules.

15-26A-1. Scope of rules.This chapter shall govern procedure in civil appeals to the Supreme Court of South Dakota. Source: Supreme Court Rule 79-1, Rule 1.
SD Codified L § 15-26A-2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-2 - Suspension of rules.

15-26A-2. Suspension of rules.In the interest of expediting decision in cases of pressing concern to the public or to litigants, or for other good cause shown, the Supreme Court, except as otherwise provided in §15-26A-92, may suspend the requirement or provision of these rules on application of a party or on its own motion and may order proceedings in accordance with its direction. Source: Supreme Court Rule 79-1, Rule 2.
SD Codified L § 15-26A-3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-3 - Judgments and orders of circuit courts from which appeal may be taken.

15-26A-3. Judgments and orders of circuit courts from which appeal may be taken.Appeals to the Supreme Court from the circuit court may be taken as provided in this title from:(1)A judgment;(2)An order affecting a substantial right, made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken;(3)An order granting a new trial;(4)Any final order affecting a substantial right, made in special proceedings, or upon a summary application in an action after judgment;(5)An order which grants, refuses, continues, dissolves, or modifies any of the remedies of arrest and bail, claim and delivery, injunction, attachment, garnishment, receivership, or deposit in court;(6)Any other intermediate order made before trial, any appeal under this subdivision, however, being not a matter of right but of sound judicial discretion, and to be allowed by the Supreme Court in the manner provided by rules of such court only when the court considers that the ends of justice will be served by determination of the questions involved without awaiting the final determination of the action or proceeding; or(7)An order entered on a motion pursuant to §15-6-11. Source: SDC 1939 & Supp 1960, §33.0701; SDCL, §15-26-1; SL 1971, ch 151, §2; SL 1986, ch 160, §2.
SD Codified L § 15-26A-4.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-4.1 - Amended notice of appeal.

15-26A-4.1. Amended notice of appeal.An amended notice of appeal shall be limited to the correction of clerical errors or omissions in the original notice of appeal. It may not be used for the purpose of appealing an order or judgment entered subsequent to the filing of the original notice of appeal, except when a subsequent order or judgment amends the order or judgment from which the appeal was initially taken. The amended notice shall be served and filed pursuant to the provisions of §15-26A-4, provided, however, that no filing fees need be paid and no docketing statement need be filed.The service and filing of an amended notice of appeal shall not serve to extend the time within which to accomplish the applicable appellate procedure, the time therefor to be computed as hereafter provided from the dates of service or filing of the original notice of appeal. Source: SL 1988, ch 420 (Supreme Court Rule 87-1); SL 1990, ch 423 (Supreme Court Rule 89-5).
SD Codified L § 15-26A-5 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-5 - Affidavit of indigency in lieu of filing fee.

15-26A-5. Affidavit of indigency in lieu of filing fee.In lieu of the filing fees provided for in §15-26A-4, appellant may file an affidavit of indigency which may be contested as provided in §15-26A-35 for the exception to personal surety. Source: Supreme Court Rule 79-1, Rule 7 (3); SDCL Supp, §15-26A-13; Supreme Court Rule 82-1.
SD Codified L § 15-26A-6 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-6 - Appeals--When taken.

15-26A-6. Appeals--When taken.An appeal from a judgment or order must be taken within thirty days after the judgment or order shall be signed, attested, filed and written notice of entry thereof shall have been given to the adverse party.A written notice of appeal filed before the attestation and filing of such signed judgment or order shall be deemed as filed on the date of the attestation and filing of the judgment or order.The running of the time for filing a notice of appeal is terminated as to all parties by a timely motion filed in the circuit court by any party pursuant to §15-6-59 or §15-6-50(b), or both, and the full time for appeal fixed by this section commences to run after the order made pursuant to such motion shall be signed, attested, filed and written notice of entry thereof shall have been given to the adverse party or if the circuit court fails to take action on such motion or fails to enter an order extending the time for taking action on such motion within the time prescribed, then the date shall be computed from the date on which the time for action by the circuit court expires. Source: SDC 1939, §33.0702; SL 1943, ch 124, §1; SL 1961, ch 179; SDCL §15-26-2; SL 1976, ch 149, §2; Supreme Court Rule 79-1, Rule 4; Supreme Court Rule 79-6; SDCL Supp, §15-26A-4; Supreme Court Rule 80-3; Supreme Court Rule 82-33; Supreme Court Rule 97-8; SL 2006, ch 333 (Supreme Court Rule 06-59), eff. July 1, 2006; SL 2008, ch 288 (Supreme Court Rule 08-02), eff. July 1, 2008; SL 2010, ch 254 (Supreme Court Rule 10-01), eff. Feb. 26, 2010.
SD Codified L § 15-26A-6.01 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-6.01 - Transitional provision--Time for taking appeal.

15-26A-6.01. Transitional provision--Time for taking appeal.For any judgment or order for which signing, attestation, filing and the provision of notice of entry thereof is completed before July1, 2006, the time for taking an appeal under §15-26A-6 shall be sixty days. For any judgment or order for which signing, attestation, filing and the provision of notice of entry thereof is completed on or after July1, 2006, the time for taking an appeal under §15-26A-6 shall be thirty days. Source: SL 2006, ch 334 (Supreme Court Rule 06-60), eff. July 1, 2006.
SD Codified L § 15-26A-7 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-7 - Orders and determinations of trial court subject to review on appeal from judgment.

15-26A-7. Orders and determinations of trial court subject to review on appeal from judgment.On appeal from a judgment the Supreme Court may review any order, ruling, or determination of the trial court, including an order denying a new trial, and whether any such order, ruling, or determination is made before or after judgment involving the merits and necessarily affecting the judgment and appearing upon the record. Source: SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-19.
SD Codified L § 15-26A-8 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-8 - New trial motion not required for review on insufficiency of evidence or error of law.

15-26A-8. New trial motion not required for review on insufficiency of evidence or error of law.Such of the matters specified in subdivisions 15-6-59(a)(6) and (7) as may have been timely presented to the trial court by motion for directed verdict, request for findings, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for new trial. Source: SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-20; SL 1978, ch 178, §569.
SD Codified L § 15-26A-9 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-9 - Matters subject to review on appeal from order denying new trial.

15-26A-9. Matters subject to review on appeal from order denying new trial.When reviewing an order denying a new trial, the Supreme Court may review all matters properly and timely presented to the court by the application for a new trial. Source: SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-21.
SD Codified L § 15-26A-10 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-10 - Scope of review on appeal from order.

15-26A-10. Scope of review on appeal from order.When the appeal is from any order subject to appeal, the Supreme Court may review all matters appearing on the record relevant to the question of whether the order appealed from is erroneous. Source: SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-22.
SD Codified L § 15-26A-11 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-11 - Combining of appeals in one notice and one undertaking.

15-26A-11. Combining of appeals in one notice and one undertaking.The appellant may unite in one notice, and under one undertaking of the amount required for a single appeal, all appeals from one or more judgments and from one or more orders made in or pertaining to the same action or proceeding, subject however to all limitations of time for taking appeals. Source: SDC 1939 & Supp 1960, §33.0703; SDCL, §15-26-4.
SD Codified L § 15-26A-12 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-12 - Actions available to Supreme Court on decision.

15-26A-12. Actions available to Supreme Court on decision.By its judgment, the Supreme Court may reverse, affirm, or modify the judgment or order appealed from, and may either direct a new trial or the entry by the trial court of such judgment as the Supreme Court deems is required under the record. Source: SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-26.
SD Codified L § 15-26A-13 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-13 - Petition for permission to take discretionary appeal.

15-26A-13. Petition for permission to take discretionary appeal.An appeal from an intermediate order made before trial as prescribed by subdivision 15-26A-3(6) may be sought by filing a petition for permission to appeal, together with proof of service thereof upon all other parties to the action in circuit court, with the clerk of the Supreme Court within ten days after notice of entry of such order. When a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing.The original and five copies of the petition shall be filed with the clerk of the Supreme Court, together with the required statutory filing fees unless exempt by law. Source: Supreme Court Rule 79-1, Rule 5 (1); SDCL Supp, §15-26A-5; Supreme Court Rule 81-6; SL 2011, ch 245 (Supreme Court Rule 11-02), eff. July 1, 2011.
SD Codified L § 15-26A-14 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-14 - Contents of petition for appeal.

15-26A-14. Contents of petition for appeal.The petition shall be captioned in the Supreme Court and entitled as in the circuit court. It shall contain:(1)A statement of facts necessary to understand the question presented;(2)A statement of the question itself;(3)The relief sought;(4)A concise statement, without argument, of law in support of the request;(5)The reasons why the appeal should be allowed;(6)Other papers and exhibits petitioner deems relevant and material; and(7)All papers must conform to typeface specified in §15-26A-66. Except by the Court's permission, a petition or response may not exceed 10 pages, exclusive of the accompanying documents required by subdivisions 15-26A-15(1), (2) and (3). Source: Supreme Court Rule 79-1, Rule 5 (2); SDCL Supp, §15-26A-6; Supreme Court Rule 80-3; Supreme Court Rule 82-14; SL 2005, ch 292 (Supreme Court Rule 05-06), effective Feb. 25, 2005; SL 2013, ch 262 (Supreme Court Rule 13-01), eff. Feb. 14, 2013.
SD Codified L § 15-26A-15 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-15 - Attachments to petition for appeal.

15-26A-15. Attachments to petition for appeal.Attachments to the petition shall include:(1)A conformed copy of the order sought to be reviewed;(2)All findings of fact, conclusions of law, or memorandum opinions relating thereto; and(3)The notice of entry of the order sought to be appealed. Source: Supreme Court Rule 79-1, Rule 5 (2) (e); SDCL Supp, §15-26A-7; Supreme Court Rule 82-15; SL 2005, ch 293 (Supreme Court Rule 05-07), effective Feb. 25, 2005.
SD Codified L § 15-26A-16 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-16 - Response to petition.

15-26A-16. Response to petition.Within seven days after the service of the petition, any party to the action may serve and file a response thereto. The original and five copies of the answer shall be filed with the clerk of the Supreme Court. When a response to a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing.The petition and any response shall be submitted without oral argument unless otherwise ordered. Source: Supreme Court Rule 79-1, Rule 5 (3); SDCL Supp, §15-26A-8; SL 2011, ch 246 (Supreme Court Rule 11-03), eff. July 1, 2011.
SD Codified L § 15-26A-17 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-17 - Grant of permission to appeal--Procedure.

15-26A-17. Grant of permission to appeal--Procedure.If permission to appeal is granted, the clerk of the Supreme Court shall serve notice of the order granting permission to appeal by mailing a copy of the order to the clerk of the trial court and the counsel of record of each party to the action. The appellate petitioner shall then file the bond for costs as required by §15-26A-23 and shall thereafter proceed as though the appeal had been instituted by service of a written notice of appeal. In the order granting the appeal, the court shall fix the time for the filing of the bond, briefs and the transmitting of the record if necessary. Source: Supreme Court Rule 79-1, Rule 5 (4); SDCL Supp, §15-26A-9.
SD Codified L § 15-26A-18 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-18 - Noncompliance with requirements and inaccurate statements as grounds for denial of appeal from intermediate order.

15-26A-18. Noncompliance with requirements and inaccurate statements as grounds for denial of appeal from intermediate order.In any case where it appears to the Supreme Court that a petitioner has willfully failed to comply with the requirements of §§15-26A-13 to 15-26A-17, inclusive, as to the form and contents of a petition for allowance of an appeal from an intermediate order, or has intentionally made an unfair or inaccurate statement in such petition, this shall constitute sufficient grounds for denial of the petition. Source: SDC 1939 & Supp 1960, §33.0707; SDCL, §15-26-13; Supreme Court Rule 80-1.
SD Codified L § 15-26A-19 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-19 - Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay.

15-26A-19. Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay.Upon the filing of any petition referred to in §15-26A-13 with the clerk of the Supreme Court, the petitioner may make application to the court for a stay of proceedings pending action of the court on such petition. The court shall grant such stay only when satisfied that the ends of justice require it, and upon such security as the court may direct to safeguard any other party against damage by reason of delay. If the court makes an order granting such stay, a certified copy thereof must be filed with the clerk of the court from which the appeal is sought. The filing of the petition shall not operate to stay proceedings except as provided in this section. Source: SDC 1939 & Supp 1960, §33.0705; SDCL, §15-26-15; Supreme Court Rule 80-1.
SD Codified L § 15-26A-20 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-20 - Certification of record on petition for appeal from intermediate order.

15-26A-20. Certification of record on petition for appeal from intermediate order.The Supreme Court, for purposes of determination of a petition for allowance of an appeal from an intermediate order, may direct the certification to the court of any portion of the record in the court below. Source: SDC 1939 & Supp 1960, §33.0706; SDCL, §15-26-17.
SD Codified L § 15-26A-21 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-21 - Terms imposed on unreasonable and vexatious petition for appeal from intermediate order.

15-26A-21. Terms imposed on unreasonable and vexatious petition for appeal from intermediate order.In any case where the Supreme Court is satisfied that a petition for allowance of an appeal from an intermediate order has been filed without reasonable grounds, and that the filing of the same may be fairly considered vexatious, the court may impose upon the petitioner such terms as the court deems proper. Source: SDC 1939 & Supp 1960, §33.0707; SDCL, §15-26-14.
SD Codified L § 15-26A-22 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-22 - Appellee's right to obtain review.

15-26A-22. Appellee's right to obtain review.An appellee may obtain review of a judgment or order entered in the same action which may adversely affect him by filing a notice of review and section B of the docketing statement required by subdivision 15-26A-4(2) with the clerk of the Supreme Court within twenty days after the service of the notice of appeal. The clerk of the Supreme Court shall not accept for filing such notice of review unless accompanied by a docketing statement and proof of service of such notice and docketing statement on all other parties. The notice of review shall specify the judgment or order to be reviewed. Source: Supreme Court Rule 79-1, Rule 6; SDCL Supp, §15-26A-10; SL 1986, ch 446 (Supreme Court Rule 86-11).