reglab/housing_qa huggingface dataset:
SD Codified L § 15-26A-70.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-70.1 - Pro se filings by party represented by counsel.

15-26A-70.1.Pro se filings by party represented by counsel.In any appeal where a party is represented by counsel, the clerk of the Supreme Court shall not accept for filing any pro se briefs, pleadings, motions or other documents. In the event that such documents are presented for filing, the clerk shall acknowledge receipt and notify the party, and those the party has served such documents upon, that the documents are not being filed pursuant to this rule. The clerk shall notify counsel of record of the receipt of the documents and their return, including with the notification copies of such documents. This rule shall not apply to pro se pleadings or documents directed to the court concerning the performance of appellate counsel or briefs filed pursuant to State v. Korth, 2002 SD 101, 650 N. W.2d 528. Source: SL 2009, ch 279 (Supreme Court Rule 08-09), eff. Nov. 1, 2008.
SD Codified L § 15-26A-71 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-71 - Amendment of briefs--Terms for allowance.

15-26A-71. Amendment of briefs--Terms for allowance.The Supreme Court, or the Chief Justice, may permit the service and filing of amendments to any of the briefs on file in the appeal, and may in the order therefor, prescribe the time for service and filing of such an amendment and the allowance of time for reply thereto and for such terms therein as to the court may seem warranted. Source: SDC 1939 & Supp 1960, §33.0748; SDCL, §15-29-28; Supreme Court Rule 80-2.
SD Codified L § 15-26A-73 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-73 - Supplemental brief with late authorities--Service on opposing counsel.

15-26A-73. Supplemental brief with late authorities--Service on opposing counsel.Whenever a party desires to present late authorities, newly enacted legislation, or other intervening matters that were not available in time to have been included in his brief in chief, he shall serve a copy thereof upon opposing counsel and file fifteen copies of the supplemental brief, restricted to such new matter and otherwise in conformity with this chapter, up to the time the case is called for hearing, or by leave of court thereafter. A supplemental brief shall not exceed ten pages. Source: Supreme Court Rule 79-1, Rule 12 (11); SDCL Supp, §15-26A-53; SL 1993, ch 395 (Supreme Court Rule 93-12).
SD Codified L § 15-26A-74 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-74 - Brief and argument of amicus curiae.

15-26A-74. Brief and argument of amicus curiae.A brief of an amicus curiae may be filed only at the request of the court or by leave of the court granted upon motion and notice to the parties. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. An amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. An amicus curiae brief shall not exceed the page limitation set in §15-26A-66.Amici curiae counsel will not be entitled to participate in oral argument unless counsel for either party agrees to share his time and the court allows the appearance of amici curiae counsel. Source: Supreme Court Rule 79-1, Rule 13; SDCL Supp, §15-26A-54; SL 1993, ch 396 (Supreme Court Rule 93-13).
SD Codified L § 15-26A-75 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-75 - Time for serving and filing briefs.

15-26A-75. Time for serving and filing briefs.  (1) Appellant's brief. If a transcript is obtained prior to appeal, or if no transcript is ordered, the appellant's brief shall be due within forty-five days after service of the notice of appeal. If a transcript is ordered but not received prior to appeal, or if procedures pursuant to §15-26A-54 or 15-26A-55 are followed, the appellant's brief shall be due within forty-five days after service of the transcript or filing of the statements provided for in §15-26A-54 or 15-26A-55.(2) Appellee's brief. The appellee's brief shall be due for service and filing within forty-five days after service of the appellant's brief, or in the case of multiple appellants, within forty-five days after service of the last appellant's brief.(3) Appellant's reply brief. The appellant's reply brief shall be due for service and filing within thirty days after service of the appellee's brief, or in the case of multiple appellees, within thirty days after service of the last appellee's brief.In any appeal from a judgment or order in an adoption or an abuse and neglect proceeding, including a judgment or order terminating parental rights, all time periods under subdivisions (1) and (2) of this section shall be reduced to twenty-five days, and the time period under subdivision (3) shall be reduced to fifteen days. Source: Supreme Court Rule 79-1, Rule 14 (1); SDCL Supp, §15-26A-55; Supreme Court Rule 80-3; Supreme Court Rule 80-8; SL 1990, ch 424 (Supreme Court Rule 89-6); Supreme Court Rule 97-11; SL 2007, ch 307 (Supreme Court Rule 06-75), eff. Jan. 1, 2007; SL 2020, ch 247 (Supreme Court Rule 19-17), eff. Sept. 6, 2019.
SD Codified L § 15-26A-76 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-76 - Extension of time for serving and filing briefs.

15-26A-76. Extension of time for serving and filing briefs.The parties may allow to each other by stipulation, one extension of time not exceeding fifteen days for serving and filing the appellant's and appellee's initial brief, provided such stipulation is made and presented to the clerk of the Supreme Court before the time for filing such brief as provided in §15-26A-75 has expired. Thereafter, no other extension of time fixed by these rules for filing briefs will be allowed, except upon application and notice. The application shall be made to the Chief Justice of the Supreme Court and shall be allowed only for good cause.An extension of time for filing a brief in an adoption or an abuse and neglect action will be granted only upon application and notice, said application to be made to the Chief Justice of the Supreme Court and allowed only for good cause. Source: Supreme Court Rule 79-1, Rule 14 (2); SDCL Supp, §15-26A-56; Supreme Court Rule 97-12; SL 2007, ch 308 (Supreme Court Rule 06-76), eff. Jan. 1, 2007.
SD Codified L § 15-26A-77 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-77 - Stipulation waiving default in filing of briefs--Court order extending time.

15-26A-77. Stipulation waiving default in filing of briefs--Court order extending time.Provided that no order of dismissal has been entered, when there has been default in the serving and filing of a brief within the time fixed by §15-26A-75, counsel may stipulate in writing waiving such default; and if there shall be attached to such stipulation an affidavit setting forth facts constituting reasonable excuse for such default, the court or Chief Justice may, in its or his discretion, make an order excusing such default and extending the time for serving and filing such brief. Source: SDC 1939 & Supp 1960, §33.0746; SDCL, §15-29-24; Supreme Court Rule 80-2.
SD Codified L § 15-26A-78 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-78 - Default in filing of briefs waived by court without stipulation.

15-26A-78. Default in filing of briefs waived by court without stipulation.Provided that no order of dismissal has been entered, when there has been default in the serving and filing of a brief, the court may, for good cause, upon application and notice, permit briefs to be served and filed without stipulation of the parties, provided, however, that opposition to said application may be served and filed within seven days after service of said application. Source: SDC 1939 & Supp 1960, §33.0746; SDCL, §15-29-25; Supreme Court Rule 80-2.
SD Codified L § 15-26A-79 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-79 - (Text of section until further order of the Supreme Court to be entered after July 1, 2019) Number of copies of briefs to be served and filed.

15-26A-79.(Text of section until further order of the Supreme Court to be entered after July 1, 2019) Number of copies of briefs to be served and filed.Two copies of each brief shall be served on the attorney for each party to the appeal separately represented and upon any party who is not represented by counsel. Fifteen copies of each brief shall be filed with the clerk of the Supreme Court. The clerk shall not accept a brief for filing unless it is accompanied by admission or proof of service.(Text of section to be effective upon further order of the Supreme Court entered after July 1, 2019) A copy of each brief shall be served on the attorney for each party to the appeal separately represented and upon any party who is not represented by counsel. A copy of each brief shall be filed with the clerk of the Supreme Court. The clerk shall not accept a brief for filing unless it is accompanied by admission or proof of service. Source: Supreme Court Rule 79-1, Rule 14 (3); SDCL Supp, §15-26A-57; SL 2019, ch 226 (Supreme Court Rule 19-05), eff. upon further order of the Supreme Court entered after July 1, 2019.
SD Codified L § 15-26A-80 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-80 - Consequence of failure to file briefs.

15-26A-80. Consequence of failure to file briefs.If an appellant fails to file his brief within the time provided by §15-26A-75 or within the time as extended, an appellee may move for dismissal of the appeal. If an appellee fails to timely file his brief, he will not be heard at oral argument except by permission of the court. The clerk may not accept for filing any brief not timely submitted for filing. Source: Supreme Court Rule 79-1, Rule 14 (4); SDCL Supp, §15-26A-58.
SD Codified L § 15-26A-81 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-81 - Briefs mailed for filing--Time.

15-26A-81. Briefs mailed for filing--Time.When briefs are forwarded to the clerk for filing by mail they 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. Source: Supreme Court Rule 79-1, Rule 14 (5); SDCL Supp, §15-26A-59.
SD Codified L § 15-26A-82 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-82 - Supreme Court calendar for oral argument--Duty of clerk.

15-26A-82. Supreme Court calendar for oral argument--Duty of clerk.The clerk of the Supreme Court shall keep a calendar under the direction of the Chief Justice in which the dates for oral argument shall be entered.When an appeal or an original proceeding is set for oral argument the clerk shall give written notice by first class mail to all attorneys of record in the case stating the date and place that argument will be heard. If any party is not represented by an attorney, such notice shall be given to such party by mailing to his last known post office address. The court may in its discretion consider the appeal on the briefs and record without oral argument. Source: Supreme Court Rule 79-1, Rule 15 (1); SDCL Supp, §15-26A-60.
SD Codified L § 15-26A-83 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-83 - Time allowed for argument.

15-26A-83. Time allowed for argument.For oral argument, unless otherwise ordered, the appellant shall be allowed twenty minutes to open, the appellee shall be allowed twenty minutes to answer and the appellant shall be allowed ten minutes for rebuttal. If additional time is deemed necessary for adequate presentation, counsel shall obtain permission from the court before commencing the argument. A party is not obliged to use all of the time allowed. Source: Supreme Court Rule 79-1, Rule 15 (2); SDCL Supp, §15-26A-61.
SD Codified L § 15-26A-84 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-84 - Order and content of argument.

15-26A-84. Order and content of argument.The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel should not read at length from the record, briefs, or authorities. Source: Supreme Court Rule 79-1, Rule 15 (3); SDCL Supp, §15-26A-62.
SD Codified L § 15-26A-85 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-85 - Number of attorneys allowed to argue.

15-26A-85. Number of attorneys allowed to argue.Not more than two attorneys to the side will be allowed to argue any case, except by special permission which will be granted when there are several parties on the same side with divergent interests. Source: Supreme Court Rule 75-2, §7; SDCL Supp, §15-26-25.2.
SD Codified L § 15-26A-86 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-86 - Nonappearance of parties.

15-26A-86. Nonappearance of parties.If counsel for a party fails to appear to present argument, the court may hear argument of counsel who is present, and the case will be decided on the briefs unless the court otherwise orders. Source: Supreme Court Rule 79-1, Rule 15 (4); SDCL Supp, §15-26A-63.
SD Codified L § 15-26A-87 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-87 - Submission on briefs.

15-26A-87. Submission on briefs.By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued. Source: Supreme Court Rule 79-1, Rule 15 (5); SDCL Supp, §15-26A-64.
SD Codified L § 15-26A-87.2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-87.2 - Motions--Answers to motions--Generally.

15-26A-87.2. Motions--Answers to motions--Generally.Unless otherwise specifically provided in this chapter, motions shall be served upon all adverse parties, and the original and five copies of the motion, together with proof of service thereof, shall be filed with the clerk of the Supreme Court.An adverse party may respond to a motion by filing the original and five copies of a response, together with proof of service thereof, with the clerk of the Supreme Court within ten days after service of the motion, or within such time as may be otherwise directed by the court. Source: SL 1988, ch 421 (Supreme Court Order 87-2); SL 1990, ch 425 (Supreme Court Rule 89-7).
SD Codified L § 15-26A-87.3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-87.3 - Motion for attorney fees--Contents, form, and filing of motion.

15-26A-87.3. Motion for attorney fees--Contents, form, and filing of motion.A motion for appellate attorney fees in actions where such fees may be allowable must comply with the following requirements:(1)The motion must be accompanied by a verified, itemized statement of legal services rendered, said statement to be exclusive of costs allowable under §15-30-6;(2)The motion must be served and filed prior to submission of the action on its merits; and(3)An original and fifteen copies of the motion and itemized statement, together with proof of service thereof, must be submitted for filing.Consideration of a motion for attorney fees will be held in abeyance until such time as the action is considered on its merits. Source: SL 1996, ch 317.
SD Codified L § 15-26A-88 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-88 - Physical exhibits used at argument.

15-26A-88. Physical exhibits used at argument.If physical exhibits other than documents are to be used at the argument, counsel shall arrange to have them placed in the courtroom before the court convenes on the date of the argument. After the argument, counsel shall cause the exhibits to be removed from the courtroom unless the court otherwise directs. Source: Supreme Court Rule 79-1, Rule 15 (6); SDCL Supp, §15-26A-65.
SD Codified L § 15-26A-89 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-89 - When member of court absent.

15-26A-89. When member of court absent.Whenever any member of the court is not present at the oral argument of a case, such case shall be deemed submitted to such member of the court on the record, briefs, and recorded arguments. When during the consideration of a case there is a change in the personnel of the court, the case shall be deemed submitted to the members of the court sitting on the case when the case was placed on the court's calendar. Source: Source: Supreme Court Rule 79-1, Rule 15 (7); SDCL Supp, §15-26A-66.; SL 2011, ch 230 (Supreme Court Rule 10-06), eff. Aug. 30, 2010.
SD Codified L § 15-26A-90 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-90 - Prehearing conference.

15-26A-90. Prehearing conference.At any time before oral argument the court may direct the attorneys for the parties to appear before the court or a justice thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceedings by the court. The court or a justice shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceedings unless modified to prevent manifest injustice. Source: Supreme Court Rule 79-1, Rule 15 (8); SDCL Supp, §15-26A-67.
SD Codified L § 15-26A-91 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-91 - Time for petition for reinstatement--Contents, form, and filing of petition.

15-26A-91. Time for petition for reinstatement--Contents, form, and filing of petition.A petition for reinstatement of an appeal dismissed by the Supreme Court may be served and filed within twenty days after entry of the order of dismissal. The petition shall state briefly the ground upon which the reinstatement is sought and any underlying circumstances relevant to the dismissal. Copies of relevant affidavits, documents, and correspondence may be attached to the petition. An original and five copies thereof shall be filed with the clerk of the Supreme Court. The adverse party may serve and file answer thereto within ten days after service of the petition. Source: Supreme Court Rule 80-4.
SD Codified L § 15-26A-92 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-92 - Enlargement of time.

15-26A-92. Enlargement of time.The Supreme Court for good cause shown may upon motion enlarge or extend the time prescribed by this chapter for doing any act or may permit an act to be done after the expiration of such time; but the Supreme Court may not enlarge the time for filing or serving a notice of appeal. Source: Supreme Court Rule 79-1, Rule 16; SDCL Supp, §15-26A-68; SL 2013, ch 263 (Supreme Court Rule 13-02), eff. Feb. 14, 2013.
SD Codified L § 15-26A-93 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26A - Rules Of Civil Appellate Procedure|Section 15-26A-93 - Title of chapter.

15-26A-93.Title of chapter.This chapter shall be known as the South Dakota Rules of Civil Appellate Procedure and may be cited as S.D.R.C. App. P. Rule ___. Source: Supreme Court Rule 79-1, Rule 17.
SD Codified L § 15-26C-1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 26C - Supreme Court Electronic Filing Rules|Section 15-26C-1 - Electronic filing.

15-26C-1. Electronic filing.(1) Effective upon further order of the Supreme Court entered after July 1, 2019, and except as specifically exempted by these rules or court order, attorneys shall electronically file all documents, including petitions, notices of review, motions and briefs and any appendices with the Supreme Court through the Odyssey7 electronic filing system unless advance permission is granted by the court allowing paper filing or filing through any other method. Self-represented litigants may file electronically, but shall not be required to file electronically.(2) Registered users will receive electronic notice when documents are entered into the system. Registration for electronic filing constitutes written consent to electronic service of all documents filed in accordance with these rules.(3) A document filed electronically has the same legal effect as an original paper document.(4) The typed attorney or party name or electronic signature on a document filed electronically has the same effect as an original manually affixed signature.(5) A party electronically filing a document that is not accessible to the public, in whole or in part, is responsible for redaction or designating the document as confidential or sealed before transmitting it to the Supreme Court. For any document containing information where redaction is required, in whole or in part, pursuant to chapter 15-15A or order of the Supreme Court or circuit court, the original unredacted document shall also be filed electronically. It is the responsibility of the parties to seek advance approval from the Supreme Court for submitting a document as sealed or confidential if that document is not already declared confidential or sealed by existing law, court rules or order. Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 222 (Supreme Court Rule 19-01), dated Feb. 25, 2019.