reglab/housing_qa huggingface dataset:
SD Codified L § 15-26A-23 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-23 - Form and amount of bond or deposit for costs.

15-26A-23. Form and amount of bond or deposit for costs.Unless an appellant is exempted by law, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, a bond for costs on appeal or equivalent security shall be filed by the appellant with the clerk of the circuit court within the time provided by §15-26A-6; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value of five hundred dollars. A bond for costs shall have sufficient surety and shall be conditioned to secure the payment of costs if the appeal is dismissed, the judgment or order affirmed, or of such costs as the Supreme Court may direct if the judgment or order is modified or affirmed in part. After a bond for costs is filed, appellee may except to the form of the bond or to the sufficiency of the surety. Source: Supreme Court Rule 79-1, Rule 7 (1); SDCL Supp, §15-26A-11.
SD Codified L § 15-26A-24 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-24 - Waiver of bond or deposit--Affidavit of indigency.

15-26A-24. Waiver of bond or deposit--Affidavit of indigency.The bond for costs, or deposit of money in lieu thereof, shall be deemed waived if appellant shall file with the clerk of the circuit court, within the time provided by §15-26A-6, the written consent of each appellee, or an affidavit of indigency. The verity of such affidavit may be contested in the same manner as provided in §15-26A-35 for exception to personal surety. Source: Supreme Court Rule 79-1, Rule 7 (2); SDCL Supp, §15-26A-12.
SD Codified L § 15-26A-25 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-25 - Stay of judgment or order in circuit court--When allowed.

15-26A-25. Stay of judgment or order in circuit court--When allowed.An appeal from a judgment or order shall not stay enforcement of proceedings in the circuit court except as provided in §15-6-62 unless the appellant executes a supersedeas bond in the amount and form approved by the circuit court or otherwise complies with the provisions of this rule. Source: Supreme Court Rule 79-1, Rule 8 (1); SDCL Supp, §15-26A-14.
SD Codified L § 15-26A-26 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-26 - Appellate procedure--Money judgment--Conditions of bond on appeal.

15-26A-26. Appellate procedure--Money judgment--Conditions of bond on appeal.If the appeal is from a judgment directing the payment of money, the conditions of the bond required by §15-26A-25 shall be the payment of the judgment or that part of the judgment which is affirmed together with interest thereon from the date of the judgment. The amount of the bond required collectively of all appellants may not exceed twenty-five million dollars regardless of the amount of judgment. If the appellee proves by a preponderance of the evidence that an appellant whose bond has been so limited has been dissipating assets outside the ordinary course of business to avoid payment of a judgment, the court may require the appellant to execute a bond in an amount up to the full amount of judgment. Source: Supreme Court Rule 79-1, Rule 8 (1) (a); SDCL Supp, §15-26A-15; SL 2004, ch 314 (Supreme Court Rule 03-13), eff. Jan. 1, 2004.
SD Codified L § 15-26A-27 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-27 - Judgment directing the assignment or delivery of documents or personal property--Conditions of bond on appeal.

15-26A-27. Judgment directing the assignment or delivery of documents or personal property--Conditions of bond on appeal.If the appeal is from a judgment directing the assignment or delivery of documents or personal property, the condition of the bond required by §15-26A-25 shall be the obedience by appellant to the judgment or order of the Supreme Court. The bond provided by this section need not be furnished if the appellant places the documents or personal property in the custody of such officer or receiver as the presiding judge of the circuit court shall appoint. Source: Supreme Court Rule 79-1, Rule 8 (1) (b); SDCL Supp, §15-26A-16.
SD Codified L § 15-26A-28 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-28 - Judgment directing the sale or possession of real property--Conditions of bond on appeal.

15-26A-28. Judgment directing the sale or possession of real property--Conditions of bond on appeal.If the appeal is from a judgment directing the sale or delivery of possession of real property the condition of the bond required by §15-26A-25 shall be that during the possession of such property by appellant, he will not commit or suffer to be committed any waste thereof, and that if the judgment is affirmed, he will pay the value of the use and occupation of the property, from the time of appeal until the delivery of possession thereof pursuant to the judgment. Source: Supreme Court Rule 79-1, Rule 8 (1) (c); SDCL Supp, §15-26A-17.
SD Codified L § 15-26A-29 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-29 - Judgment directing execution of an instrument--Conditions of stay.

15-26A-29. Judgment directing execution of an instrument--Conditions of stay.If the appeal is from a judgment directing the execution of a conveyance or other instrument, its execution shall not be stayed by the appeal unless the instrument shall be properly executed and deposited with the clerk of the circuit court to abide the judgment of the Supreme Court. Source: Supreme Court Rule 79-1, Rule 8 (1) (d); SDCL Supp, §15-26A-18.
SD Codified L § 15-26A-30 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-30 - Sale of perishable property--Deposit of proceeds.

15-26A-30. Sale of perishable property--Deposit of proceeds.If the appeal is from a judgment directing the sale or possession of perishable property, the circuit court may order the property to be sold and the proceeds deposited in court to abide the judgment of the Supreme Court. Source: Supreme Court Rule 79-1, Rule 8 (1) (e); SDCL Supp, §15-26A-19.
SD Codified L § 15-26A-31 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-31 - Conditions of bond on appeal from other judgments and orders.

15-26A-31. Conditions of bond on appeal from other judgments and orders.If the appeal is from any judgment or order not expressly covered by this chapter the bond required by §15-26A-25 shall be conditioned in such amount and form as the circuit court directs. Source: Supreme Court Rule 79-1, Rule 8 (1) (f); SDCL Supp, §15-26A-20.
SD Codified L § 15-26A-32 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-32 - Extent of stay on filing of bond.

15-26A-32. Extent of stay on filing of bond.When an approved supersedeas bond is filed it shall stay all further proceedings in circuit court upon the judgment or order accordingly, except that the circuit court may proceed upon any other matter included in the action, not affected by the judgment or order appealed from. Source: Supreme Court Rule 79-1, Rule 8 (2); SDCL Supp, §15-26A-21.
SD Codified L § 15-26A-33 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-33 - Joinder of bonds.

15-26A-33. Joinder of bonds.The cost bond and supersedeas bond required by this chapter may be in one instrument or several, at the option of appellant. Source: Supreme Court Rule 79-1, Rule 8 (3); SDCL Supp, §15-26A-22.
SD Codified L § 15-26A-34 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-34 - Notice of application for bond.

15-26A-34. Notice of application for bond.When the amount, form, or effect of any bond is required to be fixed or approved by a court or judge, at least twenty-four hours' notice of the application therefor shall be given the adverse party. Source: Supreme Court Rule 79-1, Rule 8 (4); SDCL Supp, §15-26A-23.
SD Codified L § 15-26A-35 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-35 - Personal sureties--Exceptions--Justification.

15-26A-35. Personal sureties--Exceptions--Justification.Except when the undertaking is with a corporate surety, an undertaking upon an appeal shall be of no effect unless it be accompanied by the affidavit of the sureties, in which each surety shall state that he is worth a certain sum mentioned in such affidavit, over and above all his debts and liabilities, in property within this state not by law exempt from execution, and which sum so sworn to by such sureties shall in the aggregate, be double the amount specified in such undertaking. An appellee may, however, except to the sufficiency of the sureties by service of exception upon appellant within ten days after filing of the bond. Appellant, within the next ten days and upon at least four days' notice to adverse parties, shall produce before the circuit court the sureties who thereupon may be examined on oath by adverse parties as to their sufficiency in such manner as the circuit court deems proper. If the circuit court finds the personal sureties sufficient, it shall endorse its allowance upon the undertakings and cause them to be filed with the clerk. The costs of the justification shall be paid by appellant if the sureties are found insufficient, but if found sufficient, the party or parties excepting to the sureties shall pay the costs of the justification. Unless the sureties justify as so prescribed within the allotted time, the appeal shall be regarded as if no undertaking had been given. Source: Supreme Court Rule 79-1, Rule 8 (5); SDCL Supp, §15-26A-24.
SD Codified L § 15-26A-36 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-36 - Service of bond on adverse party.

15-26A-36. Service of bond on adverse party.A copy of every bond required to be furnished by §§15-26A-25 to 15-26A-31, inclusive, shall be filed with the clerk of the circuit court. The clerk shall not accept such bond for filing without proof of service of a copy thereof on all adverse parties. Source: Supreme Court Rule 79-1, Rule 8 (6); SDCL Supp, §15-26A-25.
SD Codified L § 15-26A-37 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-37 - Proceedings against sureties on bond.

15-26A-37. Proceedings against sureties on bond.Whenever a bond for costs or supersedeas bond is given with one or more corporate or individual sureties, each surety thereon submits himself to the jurisdiction of the circuit court and irrevocably appoints the clerk of the circuit court as his agent upon whom any papers affecting his liability on the bond may be served. His or its liability may be enforced on motion in the circuit court without the necessity of an independent action. The motion and such notice of motion as the circuit court shall prescribe shall be served on the clerk of the circuit court, who shall forthwith mail copies to the sureties at their last known address. Source: Supreme Court Rule 79-1, Rule 8 (7); SDCL Supp, §15-26A-26.
SD Codified L § 15-26A-38 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-38 - Stay of execution without bond by public agency or officer.

15-26A-38. Stay of execution without bond by public agency or officer.When the state, any state board or officer, any county, township, municipal corporation, school district, or its officers, in a purely official capacity, shall take an appeal, service and filing of the notice of appeal shall perfect the appeal and stay the execution or performance of the judgment or order appealed from and no undertaking or bond need be given, but the Supreme Court may, on motion, require security to be given in such form and manner as it shall in its discretion prescribe as a condition of the further prosecution of the appeal. Source: SDC 1939 & Supp 1960, §33.0722; SDCL, §15-27-10; Supreme Court Rule 79-1, Rule 8 (8); SDCL Supp, §15-26A-27.
SD Codified L § 15-26A-39 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-39 - Application to Supreme Court for special relief.

15-26A-39. Application to Supreme Court for special relief.A motion for the relief provided in §§15-26A-25 to 15-26A-38, inclusive, may be made to the Supreme Court but said motion shall show that the application to the circuit court for the relief sought is not practicable or that the circuit court has denied an application or has failed to afford the relief which the applicant requested, with the reasons given by the circuit court for its action. Said motion shall also show the reasons for the relief requested and the facts relied upon; and if the facts are subject to dispute, the motion shall be supported by affidavit or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant. Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the clerk of the Supreme Court and normally will be considered by all members of the court, but in exceptional cases where such a procedure would be impracticable due to the requirements of time, the application may be made to and considered by a single justice of the court. Source: Supreme Court Rule 79-1, Rule 8 (9); SDCL Supp, §15-26A-28; Supreme Court Rule 82-2.
SD Codified L § 15-26A-40 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-40 - New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking.

15-26A-40. New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking.The Supreme Court, upon satisfactory proof that any surety to an undertaking given under this title has become insolvent, or that his circumstances have become so precarious that there is reason to apprehend that the undertaking is insufficient security, may in its discretion require the appellant to file and serve a new undertaking, with such sureties and in such time as shall be prescribed, and that in default thereof the appeal shall be dismissed or the stay of proceedings vacated, and the execution or performance of the judgment or order be allowed to be enforced without further delay. Source: SDC 1939 & Supp 1960, §33.0725; SDCL, §15-28-4.
SD Codified L § 15-26A-41 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-41 - Deposit in lieu of undertaking--Notice of deposit.

15-26A-41. Deposit in lieu of undertaking--Notice of deposit.When the appellant is required, under any provisions of this title, to give an undertaking, he may in lieu thereof deposit with the clerk of the court in which the judgment or order appealed from is entered, a sum of money equal to the amount for which such undertaking is required to be given, and in lieu of the service of such undertaking, serve a notice of the making of such deposit. Such deposit and notice shall have the same effect as the service of the required undertaking, and be held to answer the event of the appeal upon the terms prescribed for the undertaking, in lieu of which the same is deposited. Source: SDC 1939 & Supp 1960, §33.0726; SDCL, §15-28-5.
SD Codified L § 15-26A-42 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-42 - Waiver of undertaking and deposit.

15-26A-42. Waiver of undertaking and deposit.Any such undertaking and deposit may be waived in writing by the party for whose benefit the same is required to be made, and such waiver shall have the same effect as the giving of the undertaking would have had. Source: SDC 1939 & Supp 1960, §33.0726; SDCL, §15-28-6.
SD Codified L § 15-26A-43 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-43 - Failure to pay after affirmance of judgment as breach of undertaking.

15-26A-43. Failure to pay after affirmance of judgment as breach of undertaking.In all cases a neglect for the space of thirty days after the affirmance on appeal of a judgment directing the payment of money and the filing of the remittitur in the trial court to pay the amount directed to be paid on such affirmance, shall be deemed a breach of the undertaking on such appeal. Source: SDC 1939 & Supp 1960, §33.0728; SDCL, §15-28-7.
SD Codified L § 15-26A-44 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-44 - Liability of sureties on dismissal of appeal.

15-26A-44. Liability of sureties on dismissal of appeal.The dismissal of an appeal by the appellant, or by the court for want of prosecution, unless the court shall at the time otherwise expressly order, shall render the sureties upon any undertaking, given under this title, liable in the same manner and to the same extent as if the judgment or order appealed from had been affirmed. Source: SDC 1939 & Supp 1960, §33.0728; SDCL, §15-28-8.
SD Codified L § 15-26A-45 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-45 - Damages determined by referee after affirmance by Supreme Court.

15-26A-45. Damages determined by referee after affirmance by Supreme Court.When the amount of damages to be paid by the appellant on affirmance of the judgment or order appealed from, pursuant to any undertaking, is not fixed by the judgment or decision of the Supreme Court on the appeal, the circuit court may, after the remittitur of the record from the Supreme Court is filed, order a reference to ascertain such damages, the expense of which shall be included in and recoverable with such damages. Source: SDC 1939 & Supp 1960, §33.0728; SDCL, §15-28-9.
SD Codified L § 15-26A-46 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-46 - Failure to pay damages determined by referee as breach of undertaking.

15-26A-46. Failure to pay damages determined by referee as breach of undertaking.A neglect for a space of thirty days after the confirmation of the report of a referee, to whom a reference has been ordered for the purpose of ascertaining the damages to be paid, on the affirmance of any other judgment or order appealed from, to pay the amount of damages so ascertained and the expense of such reference, shall be deemed a breach of the undertaking on such appeal. Source: SDC 1939 & Supp 1960, §33.0728; SDCL, §15-28-10.
SD Codified L § 15-26A-47 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-47 - Composition of the record on appeal.

15-26A-47. Composition of the record on appeal.The original pleadings, papers, offered exhibits, and the transcript of the proceedings, if any, shall constitute the record on appeal in all cases. Source: Supreme Court Rule 79-1, Rule 10 (1); SDCL Supp, §15-26A-30; Supreme Court Rule 97-10; SL 2017, ch 226 (Supreme Court Rule 17-03), eff. Jan. 19, 2017.
SD Codified L § 15-26A-48 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-48 - Order for transcript of proceedings.

15-26A-48. Order for transcript of proceedings.Within ten days after the filing of the notice of appeal, the appellant shall order from the reporter(s) transcript(s) of the proceedings or such parts thereof as deemed necessary. The order shall be in writing on the form prescribed by the Supreme Court, and within the same period service of the order shall be made on all parties to the action and a copy shall be filed with the clerk of the circuit court. Source: Supreme Court Rule 79-1, Rule 10 (2)(a); SDCL Supp, §15-26A-31; Supreme Court Rule 80-3; SL 1987, ch 399 (Supreme Court Rule 86-25); SL 1995, ch 309 (Supreme Court Rule 95-2).
SD Codified L § 15-26A-49 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-49 - Waiver by failure to order transcript.

15-26A-49. Waiver by failure to order transcript.Failure to order a transcript within the time fixed by this chapter shall constitute a waiver of the right to such a transcript. Source: SDC 1939 & Supp 1960, §33.0737; SDCL, §15-29-9; Supreme Court Rule 80-2.
SD Codified L § 15-26A-50 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-50 - Determination of parts of transcript to be included.

15-26A-50. Determination of parts of transcript to be included.Unless the entire transcript is to be included, the appellant shall within the ten days' time provided in §15-26A-48 file with the clerk of the circuit court a statement of the issues he intends to present on the appeal and shall serve on the appellee a copy of the order or certificate and of the statement. If the appellee deems a transcript of other parts of the proceedings to be necessary, he shall, within ten days after the service of the order or certificate and the statement of the appellant file with the clerk of the circuit court and serve on the appellant, the court reporter, and the clerk of the Supreme Court a designation of additional parts to be included. Unless within ten days after service of such designation the appellant has ordered such parts and has so notified the appellee, the appellee may within the following ten days either order the parts or move in the circuit court for an order requiring the appellant to do so. Source: Supreme Court Rule 79-1, Rule 10 (2) (b); SDCL Supp, §15-26A-32; SL 1981, ch 13, §3; Supreme Court Rule 82-16.