SD Codified L § 15-26A-A (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-A - APPENDIX OF FORMS

  APPENDIX OF FORMS     1.   NOTICE OF APPEAL    2.   NOTICE OF REVIEW    3.   APPEAL TRANSCRIPTS    4.   APPELLANT'S BRIEF    5.   DOCKETING STATEMENT   6.   ORDER FOR TRANSCRIPT        Form 1 NOTICE OF APPEAL  State of South Dakota In Circuit Court County of ________ ________ Judicial Circuit A.B., Plaintiff, v. Notice of Appeal C.D., Defendant, To: John Jones, Attorney for Plaintiff, A.B. Please take notice, that the defendant C.D. appeals to the Supreme Court of South Dakota from the final judgment rendered in this action on the ________ day of ________, 20 ____. Dated this ________ day of ________, 20 ____. ____________________________ ____________________________ Name and address of attorney for C.D. (Note: The trial court caption is used on the notice of appeal, cost and supersedeas bonds, or stipulation waiving bonds. The originals and duplicate originals are filed with the clerk of the trial court. All subsequent documents are captioned in the Supreme Court and are filed with the clerk of the Supreme Court.) Admission, certificate, or affidavit of service to be added.   Source: Supreme Court Rule 79-1, Rule 17.     Form 2 NOTICE OF REVIEW  STATE OF SOUTH DAKOTA  IN THE SUPREME COURT A.B., Plaintiff-Appellee, v. Notice of Review C. D., Defendant-Appellant. To: Smith & Smith, attorneys for defendant-appellant, C.D. Please take notice that the plaintiff-appellee, A.B., will seek review of the order of the circuit court entered on the ________ day of ________, 20 ____, denying plaintiff's motion for new trial on the issue of damages. Dated this ________ day of ________, 20 ____. ____________________________ ____________________________ Name and address of attorney for appellee Admission, certificate, or affidavit of service added.   Source: Supreme Court Rule 79-1, Rule 17.     Form 3 APPEAL TRANSCRIPTS  1.   Appeal transcripts shall consist of volumes of 250 pages or less, prepared on 8 1/2" x 11" white opaque paper with 25 prenumbered, double-spaced lines per page. 2.   Each page shall have ruled margins with 3/4" top and bottom margins, a 1 1/2" left margin, and a 1/2" right margin. 3.   The transcript shall be typed using pica type with 10 characters per inch; questions shall start with a "Q" flush at the left margin, with two spaces between "Q" and the text of the question; answers shall start with an "A" flush at the left margin with two spaces between "A" and the beginning of the text of the answer; colloquy, such as "THE COURT," "MR. JONES," etc., shall start three spaces from the left margin. 4.   The pages shall be consecutively numbered throughout the entire transcript (not according to volume) located at the upper right-hand corner. 5.   Each volume shall be securely bound with a protective cover upon which or through which the following shall appear: (a) a 1 1/2" blank space at the top of the page; (b) the trial court name, location and case number; (c) the case name; (d) the type of proceeding; (e) the date of the proceeding reported in that volume; (f) the name of the judge before whom the proceedings occurred; (g) appearances; (h) the volume number and the pages included in the volume. 6.   An index of witnesses, motions, and exhibits shall follow the cover page of the first volume of each transcript; each major event of the proceeding shall be listed separately and identified by the transcript page number at which it begins. STATE OF SOUTH DAKOTA IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT COUNTY OF MINNEHAHA Civ. # 78-1 ___________ TRANSCRIPT OF JOHN C. DOE, Plaintiff CIVIL JURY TRIAL  v. PROCEEDINGS  RICHARD P. ROE, Volume 1 of 2 Defendant. (Pages 1 to 120; June 7, 1977) ________________________ (Pages 121 to 250; June 8, 1977) BEFORE: THE HONORABLE JAMES M. WINSTON Circuit Judge, and Jury at Sioux Falls, South Dakota on June 7, 8, 9 and 10, 1977. ________________________ APPEARANCES: For Plaintiff: Stephen S. Summer Attorney at Law 455 Summit Drive Sioux Falls, So. Dak. For Defendant: Larry Linton of Linton and Lawler Attorneys at Law 128 Lyndale Avenue Sioux Falls, So. Dak.    MOTIONS AND STIPULATIONS Made On Ruled On Motion by Defendant for Directed Verdict 214 216 Stipulation, unavailability of Witness 217 218 Todd K. Onnen   EXHIBITS: Marked Offered Ruled On #1 Revolver, Smith and Wesson 38 56 58 #2 Photograph 74 98 98 #3 Photograph 156 184 185 #4 Blueprint 251 253 253 #5 Deposition (Todd K. Onnen) 217 382 384 VERDICT: page 475   CROSS-EXAMINATION Q (By MR. SUMMER) Okay. With respect to this stocking cap, is State's Exhibit Number 13 similar to the ones you sell? A They look exactly like the ones he bought. He bought 3 of them. Q Okay. Go through it again. It could be one that is similar to that as opposed to the actual one. MR. LINTON: That's argumentative, Your Honor. THE COURT: Well, he's already answered the question previously. MR. SUMMER: What was his answer? THE COURT: I believe he said it could be. MR. LINTON: Wait just a minute, Your Honor. I move that answer be stricken. THE COURT: If in fact he answered the question it will be stricken. Any further questions, Mr. Summer? MR. SUMMER: No, Your Honor. RE-DIRECT EXAMINATION Q (By MR. LINTON) Sir, I'm going to hand you again State's Exhibit 13, and will you examine it and tell the Court what differences if any you see between this particular exhibit and the stocking cap you sold on January 7, 1977. A Well, just that the way it is laying here, it's open and the ones that we have on display are folded up like this. But other than that I don't really see any difference.   Source: Supreme Court Rule 79-1, Rule 17; SL 2016, ch 242 (Supreme Court Rule 16-03, eff. July 1, 2016.   Form 4 APPELLANT'S BRIEF  Cover Page IN THE SUPREME COURT  STATE OF SOUTH DAKOTA A.B., Plaintiff and Appellee, v. C.D., Defendant and Appellant. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, South Dakota. The Hon. ________ Judge presiding. Appellant's Brief Names and addresses of attorneys for Appellant and Appellee. The notice of appeal was filed on the ________ day of ________, 20 ____. (1) TABLE OF CONTENTS  Page  Table of authorities 2 Legal issues 3 Statement of case and facts 4 Argument 10 Conclusion 21  (2) TABLE OF AUTHORITIES Statutes: Page  SDCL 20-9-2 11 SDCL 32-25-15 12 SDCL 32-26-13 13 Cases: Page  Anderson v. Huntwork, 66 S.D. 511, 284 N.W. 775. 14 Bogh v. Beadles, 79 S.D. 23, 167 N.W.2d 342. 15 Ford v. Hochstetter, 85 S.D. 4, 176 N.W.2d 501. 18 Secondary Authorities: Page  Prosser, Torts, Sec. ________, P. ________ 19 8 Am.Jur.2d, Automobile and Highway Traffic, §   ________, p. ________. (3) JURISDICTIONAL STATEMENT (4) LEGAL ISSUES  I.   Does the driver of a motor vehicle approaching an intersection forfeit the right-of-way when traveling at an unlawful rate of speed? Trial Court. Held in the negative. II.   Should an expert witness be allowed to give reconstruction testimony when there is direct evidence of the event by eye witnesses? Trial Court. Held in the affirmative. (5) STATEMENT OF THE CASE AND FACTS CASE HISTORY  This is an action for personal injuries and property damage arising out of a motor vehicle accident which occurred in the city of Yankton, Yankton County, South Dakota, on ________, 20 ____. Action was commenced by service of Summons and Complaint on ________, 20 ____, in the First Judicial Circuit, Hon. ________ Judge presiding. The jury returned a verdict for plaintiff in the amount of $ ________. Judgment was entered on ________, 20 ____. Defendant appealed from the judgment by service and filing of a notice of appeal on ________, 20 ____. STATEMENT OF FACTS  Shortly after noon on ________, 20 ____, a motor vehicle collision occurred at the intersection of Dakota Avenue and 20th Street in the city of Yankton. The plaintiff A.B. was driving his Ford automobile north on Dakota Avenue. Defendant was driving, etc. *** (6) ARGUMENT  I.   The driver of a motor vehicle approaching an intersection forfeits his right-of-way when traveling at an unlawful rate of speed. (Each legal issue should be separately argued). II.   An expert witness should not be allowed to reconstruct an accident when there is direct evidence of the event by eyewitness. (7) CONCLUSION  It is urged that the judgment appealed from be reversed. Respectfully submitted, ____________________________ Attorney for Defendant-Appellant (8) APPENDIX (if any)   Source: Supreme Court Rule 79-1, Rule 17.     Form 5 DOCKETING STATEMENT   IN THE SUPREME COURT  OF THE  STATE OF SOUTH DAKOTA ) ) ) ) ) ) ) ) APPELLANT'S/APPELLEE'S v. ) DOCKETING STATEMENT ) ) #____________ ) ) ) ) ) ) ) ) ) _____________________________________________________________________________ SECTION A. TRIAL COURT 1. The circuit court from which the appeal is taken: ____________ 2. The county in which the action is venued at the time of appeal: ______________ 3. The name of the trial judge who entered the decision appealed: ______________ PARTIES AND ATTORNEYS 4. Identify each party presently of record and the name, address, and phone number of the attorney for each party. (May be continued on an attached appendix.) SECTION B. TIMELINESS OF APPEAL (If section B is completed by an appellee filing a notice of review pursuant to SDCL 15-26A-22, the following questions are to be answered as they may apply to the decision the appellee is seeking to have reviewed.) 1. The date the judgment or order appealed from was signed and filed by the trial court: ______ 2. The date notice of entry of the judgment or order was served on each party: ________ 3. State whether either of the following motions was made: a. Motion for judgment n.o.v., SDCL 15-6-50(b): ____ Yes ____ No b. Motion for new trial, SDCL 15-6-59: ____ Yes ____ No NATURE AND DISPOSITION OF CLAIMS (Confine responses to questions 4 through 6 to the space provided). ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 4. State the nature of each party's separate claims, counterclaims or cross-claims and the trial court's disposition of each claim (e.g., court trial, jury verdict, summary judgment, default judgment, agency decision, affirmed/reversed, etc.).  ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 5. Appeals of right may be taken only from final, appealable orders. See SDCL 15-26A-3 and 4. a. Did the trial court enter a final judgment or order that resolves all of each party's individual claims, counterclaims, or cross-claims? ____ Yes ____ No b. If the trial court did not enter a final judgment or order as to each party's individual claims, counterclaims, or cross-claims, did the trial court make a determination and direct entry of judgment pursuant to SDCL 15-6-54(b)? ____ Yes ____ No 6. State each issue intended to be presented for review. (Parties will not be bound by these statements).  ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ Date: ________________________ ______________________________________ Signature Attach a copy of any memorandum opinion and findings of fact or conclusions of law supporting the judgment or order appealed from. See SDCL 15-26A-4(2).   Source: SL 1988, ch 423 (Supreme Court Order 87-4); SL 1993, ch 397 (Supreme Court Rule 93-14); SL 1998, ch 301 (Supreme Court Rule 97-44).     Form 6 ORDER FOR TRANSCRIPT  STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT SS  COUNTY OF ____________ ) ____________ JUDICIAL CIRCUIT ) ) vs. ) ORDER FOR TRANSCRIPT(S) ) ) ) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ TO: COURT REPORTER(S) ____________________________________________ : Pursuant to SDCL 15-26A-48, (name(s) of party/parties placing order) hereby orders a transcript(s) of proceedings in the above-entitled action as indicated below: DATE OF . TYPE OF NAME OF PROCEEDING PROCEEDING REPORTER  __________________ _ Arraignment __________________ __________________ _ Closing Statements __________________ __________________ _ Court Trial __________________ __________________ _ Jury Trial __________________ __________________ _ Motion Hearings(s) __________________ __________________ _ Opening Statement(s) __________________ __________________ _ Sentencing __________________ __________________ _ Voir Dire __________________ __________________ _ ______________ __________________ _ (Other-Specify) ___________________ As the ordering party I hereby certify that notice of appeal was filed with the trial clerk on ______________________________, and that this order is timely made within ten days of said filing date. I also certify that pursuant to SDCL 15-26A-48, an original of this order has been transmitted to each Court Reporter who took the requested proceedings; that a copy has been filed with the trial clerk; and that service has been made upon all parties to the action as reflected in the attached certificate of service. DATED this ______ day of __________________________, 20____ .  ________________________ (Name and Address of Attorney/ Party placing order) COURT REPORTER'S ENDORSEMENT  I, ________________________________, hereby acknowledge receipt of this order for transcript on ________________________________. My anticipated date of completion is ____________________________________. (Explanatory comments should be noted by the reporter on the reverse side of this form). ________________________ Court Reporter (Note to Ordering Party: Within ten days of the filing of the notice of appeal the original of this order must be transmitted to the Court Reporter. If more than one Reporter is involved, duplicate originals should be transmitted to each. One copy is to be filed with the trial clerk and a copy is to be served upon counsel for each party to the action or upon each party if unrepresented by counsel. A certificate of service should be attached to the original order and to each copy thereof. See SDCL 15-26A-48.)    Source: SL 1995, ch 310 (Supreme Court Rule 95-3).