reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-53 - Duty of clerk of trial court to assemble and certify the record--Time and manner--Transmittal of index in lieu of entire record.

15-26A-53. Duty of clerk of trial court to assemble and certify the record--Time and manner--Transmittal of index in lieu of entire record.
Within five days after the filing of the notice of appeal, it shall be the duty of the clerk of the trial court to assemble and consecutively number the pages of all pleadings, documents, papers, and exhibits filed in said action, including any opinion which the trial court may have filed or authorized for filing, except the parties may stipulate as to the contents of the record. The clerk shall then prepare and attach an alphabetical index to the record and shall promptly serve a copy on all counsel of record and the clerk of the Supreme Court. The clerk's certified record, together with the transcript, shall constitute the record on appeal.
The Supreme Court may provide by rule or order that a certified copy of the alphabetical index shall be transmitted in lieu of the entire record, subject to the right of any party to request at any time during the pendency of the appeal that designated parts of the record be transmitted.
Source:
Supreme Court Rule 79-1, Rule 10 (3); SDCL Supp, §15-26A-35; Supreme Court Rule 81-2; Supreme Court Rule 82-10; SL 2017, ch 227 (Supreme Court Rule 17-04), eff. Jan. 19, 2017.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-54 - Statement of the proceedings when no report was made or when the transcript is unavailable.

15-26A-54. Statement of the proceedings when no report was made or when the transcript is unavailable.
If no report of all or any part of the proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may, within fifteen days after service of the notice of appeal, prepare a statement of the proceedings from the best available means, including his recollection, and file a written notice of intention to file such a statement with the clerk of the Supreme Court and with the clerk of the trial court. The statement shall be served on the appellee, who may serve objections or propose amendments thereto within fifteen days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the trial court, and the statement as approved by the trial court shall be filed with the trial clerk and included in the record within fifteen days of submission. The trial clerk shall give written notice of said filing to the clerk of the Supreme Court.
Source:
Supreme Court Rule 79-1, Rule 10 (4); SDCL Supp, §15-26A-36; Supreme Court Rule 80-8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-55 - Agreed statement as the record.

15-26A-55. Agreed statement as the record.
In lieu of the record as defined in §15-26A-47, the parties within fifteen days of service of the notice of appeal may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented, and file a written notice of intention to file such statement with the clerk of the Supreme Court and with the clerk of the trial court. If the statement conforms to the truth, it, together with such additions as the trial court may consider necessary to present the issues raised by the appeal, shall be approved by the trial court and filed with the trial clerk within fifteen days of preparation. As so filed, the statement shall be the record on appeal. The trial clerk shall give written notice of said filing to the clerk of the Supreme Court.
Source:
Supreme Court Rule 79-1, Rule 10 (5); SDCL Supp, §15-26A-37; Supreme Court Rule 80-8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-56 - Correction or modification of the record.

15-26A-56. Correction or modification of the record.
If anything material to either party is omitted from the record, is misstated therein, or is improper, the parties by stipulation, or the trial court, before the record is transmitted to the Supreme Court, or the Supreme Court, on motion by a party or on its own initiative, may direct the record be corrected and if necessary require a supplemental record be approved and transmitted.
Source:
Supreme Court Rule 79-1, Rule 10 (6); SDCL Supp, §15-26A-38.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-57 - Time for transmission of record--Temporary delay--Documents of unusual bulk or weight and physical exhibits--Motion for intermediate orders.

15-26A-57. Time for transmission of record--Temporary delay--Documents of unusual bulk or weight and physical exhibits--Motion for intermediate orders.
When the briefs have been served and filed in the Supreme Court, or the time for filing briefs has expired, the clerk of the Supreme Court shall so notify the clerk of the trial court in writing, and the clerk of the trial court shall then forthwith transmit the record on appeal to the clerk of the Supreme Court. Transmission of the record is effected when the clerk of the trial court mails or otherwise forwards the record to the Supreme Court. The parties, however, by written stipulation, or the Supreme Court acting through its clerk upon motion of a party may order, for cause shown, a temporary delay in the transmission of the settled record not to exceed thirty days. Such stipulation by the parties shall be subject to review and modification by the Supreme Court upon its own motion and order.
All documents which are, in the determination of the clerk of the trial court, of unusual bulk or weight, all physical exhibits other than documents which are not of unusual bulk or weight, and such other parts of the record as the Supreme Court may designate by rule or order, or the parties may designate by written stipulation, shall not be transmitted by the clerk of the trial court as part of the settled record unless he is otherwise directed to do so in writing by the party or the clerk of the Supreme Court. A party so directing must make advanced arrangement with the clerks of the trial court and the Supreme Court for the cost, transportation, and receipt of exhibits of unusual bulk or weight and those others which he directs to be transmitted.
If prior to the time the record is transmitted, a party desires to make in the Supreme Court a motion for dismissal, for relief, for a stay pending appeal, for additional security on bond on appeal, or on a supersedeas bond, or for any intermediate order, the clerk of the trial court at the request of any party shall transmit to the Supreme Court such parts of the original record as any party shall designate.
Source:
Supreme Court Rule 79-1, Rule 11 (1); SDCL Supp, §15-26A-39; Supreme Court Rule 82-11.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-58 - Transmittal of record for preliminary hearing.

15-26A-58. Transmittal of record for preliminary hearing.
The Supreme Court may also at any time before or after the completion of an appeal by order directed to the clerk of the trial court require the transmission of the record or any part thereof to the clerk of the Supreme Court.
Source:
Supreme Court Rule 79-1, Rule 11 (2); SDCL Supp, §15-26A-40.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-59 - Disposition of record after appeal.

15-26A-59. Disposition of record after appeal.
The record on appeal shall remain on file in the office of the clerk of the Supreme Court until the action has finally been disposed of. It shall then be returned to the trial court with the remittitur.
Source:
Supreme Court Rule 79-1, Rule 11 (3); SDCL Supp, §15-26A-41.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-61 - Brief of appellee.

15-26A-61. Brief of appellee.
The brief of the appellee shall conform to the requirements of §15-26A-60. If a notice of review is filed, the appellee's brief shall contain the judgment, order or decision in question and any relevant written findings of fact, conclusions of law and memorandum decision, if different from those included in the appendix to the appellant's brief.
Source:
Supreme Court Rule 79-1, Rule 12 (2); SDCL Supp, §15-26A-43; SL 2003, ch 262 (Supreme Court Rule 03-3); SL 2004, ch 316 (Supreme Court Rule 03-15), eff. Jan. 1, 2004.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-62 - Reply brief.

15-26A-62. Reply brief.
The appellant may file a brief in reply to the brief of the appellee. The reply brief must be confined to new matter raised in the brief of the appellee and shall not exceed the page limitation set in §15-26A-66.
Source:
Supreme Court Rule 79-1, Rule 12 (3); SDCL Supp, §15-26A-44; SL 1993, ch 392 (Supreme Court Rule 93-9).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-63 - References in briefs to parties.

15-26A-63. References in briefs to parties.
In their briefs and oral arguments counsel should minimize references to parties by such designations as "appellant" and "appellee." It promotes clarity to use the designations used in the trial court, or the actual names of the parties, or descriptive terms such as "employer," "owner," "guest," "injured person," "husband," etc.
Source:
Supreme Court Rule 79-1, Rule 12 (4); SDCl Supp, §15-26A-45.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-63.1 - References in briefs to children.

15-26A-63.1. References in briefs to children.
Pursuant to §26-7A-112, initials shall appear on appeal record documents in the place of the child and the child's parents, guardian, or custodian who are parties to the action when an intermediate appeal or appeal is taken from a judgment, decree, or order under the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C.
Source:
SL 1993, ch 393 (Supreme Court Rule 93-10).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-64 - References in briefs to record.

15-26A-64. References in briefs to record.
Whenever reference is made in the briefs to any part of the record it shall be made to the particular part of the record, suitably designated, and to the specific pages thereof.
Source:
Supreme Court Rule 79-1, Rule 12 (5); SDCL Supp, §15-26A-46.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-65 - Reproduction of statutes, ordinances, rules, regulations, etc.

15-26A-65. Reproduction of statutes, ordinances, rules, regulations, etc..
If determination of the issues presented requires the study of statutes, ordinances, rules, regulations, etc., or relevant parts thereof, they shall be reproduced in the brief or in an appendix at the end.
Source:
Supreme Court Rule 79-1, Rule 12 (6); SDCL Supp, §15-26A-47.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-66 - Length of briefs.

15-26A-66. Length of briefs.
(a)Monospaced Typeface. Appellant and appellee briefs in monospaced typeface shall not exceed forty pages. A reply brief and amicus curiae brief shall not exceed twenty pages. A supplemental brief shall not exceed ten pages. Monospaced type shall be no more nor no less than ten characters per inch (10 cpi).
(b)Proportionally Spaced Typeface. Appellant and appellee briefs in proportionally spaced typeface shall not exceed thirty-two pages. A reply brief and amicus curiae brief shall not exceed sixteen pages. A supplemental brief shall not exceed five pages. Nonetheless, briefs may exceed these page limitations if they otherwise comply with the type volume limitations in §15-26A-66(b)(2). A proportionally spaced typeface must include serifs, but sans serif type may be used in headings and captions. A proportionally spaced typeface must be 12-point or larger, in both body text and footnotes.
(1)Type Style. Briefs must be set in a plain, roman style, although italics may be used for emphasis. Case names must be italicized or underlined. Boldface can only be used for case captions, section names, and argument headings. The use of all-capitals text may be applied only for case captions and section names. Nevertheless, quoted passages may use the original type styles and capitalization.
(2)Type Volume Limitation. Appellant and appellee briefs are acceptable if they contain no more than the greater of 10,000 words or 50,000 characters. A reply brief and amicus curiae brief are acceptable if they contain no more than half the type volume specified for appellant and appellee briefs.
(3)Headings, footnotes, and quotations count toward the word and character limitations. The table of contents, table of cases, jurisdictional statement, statement of legal issues, any addendum materials, and any certificates of counsel do not count toward the limitations.
(4)Certificate of Compliance. A brief submitted under §15-26A-66(b) must include a certificate by the attorney, or an unrepresented party, that the brief complies with the type volume limitation. The certificate must state the number of words or characters in the brief. The person preparing the certificate may rely on the word or character count of the word-processing system used to prepare the brief.
(c)Upon approval of the Supreme Court, page or word limitations for briefs may be exceeded. A written request for such approval to exceed limitations shall be filed at least ten days prior to the filing date of the brief, specifying in detail the reasons why additions are necessary and stating the number of additional pages or words requested.
Source:
Supreme Court Rule 79-1, Rule 12 (7); SDCL Supp, §15-26A-48; Supreme Court Rule 80-3; SL 1993, ch 394 (Supreme Court Rule 93-11); SL 1999, ch 278.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-67 - Briefs of multiple appellants or appellees.

15-26A-67. Briefs of multiple appellants or appellees.
In cases involving more than one appellant or appellee, including cases consolidated for purposes of appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.
Source:
Supreme Court Rule 79-1, Rule 12 (8); SDCL Supp, §15-26A-49.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-68 - Reproduction methods used for briefs.

15-26A-68. Reproduction methods used for briefs.
Text must be reproduced with a clarity that equals or exceeds the output of a laser printer. The output of a dot-matrix printer or fax machine is not acceptable in either a brief or an appendix.
Source:
Supreme Court Rule 79-1, Rule 12(9); SDCL Supp, §15-26A-50; SL 1988, ch 422 (Supreme Court Order 87-3); SL 1999, ch 279.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-69 - Printing and binding specifications for briefs.

15-26A-69. Printing and binding specifications for briefs.
All briefs shall substantially conform to the following standards, requirements, and conditions:
(1)Each brief shall be printed in black in a clear and legible manner on one side only of white, unglazed, opaque paper of good texture, eight and one-half inches wide and eleven inches long.
(2)The printing shall be double-spaced, except for lengthy quotations, which shall be indented and may be single spaced.
(3)The left margin shall be one and one-half inches and all other margins shall not be less than one inch. The printing shall not be right-justified.
(4)Each page of the brief, except the front index, shall be consecutively numbered in Arabic figures centered at the bottom of each page.
(5)The cover of each brief shall state the title of the action, indicating which party is appellant and which is appellee; the name of the court from which the appeal is taken; the name of the judge who tried the action; whether the brief is for the appellant or appellee; the names and addresses of the attorneys for the appellant and appellee; and the date the notice of appeal was filed.
(6)Each brief shall be securely bound on the left margin by substantial staples and binding tape or other approved binding.
Source:
Supreme Court Rule 79-1, Rule 12 (9)(b); SDCL Supp, §15-26A-51; SL 1995, ch 311 (Supreme Court Rule 95-4); SL 1999, ch 280.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-69.1 - Citation of official opinions of the Supreme Court.

15-26A-69.1.Citation of official opinions of the Supreme Court.
(1) The initial citation of any published opinion of the Supreme Court released prior to January 1, 1996, in a brief, memorandum, or other document filed with the court and the citation in the table of cases in a brief shall include a reference to the volume and page number of the South Dakota Reports or North Western Reporter in which the opinion is published. Subsequent citations within the brief, document, or memorandum shall include the page number and sufficient references to identify the initial citation.
(2)The initial citation of any published opinion of the Supreme Court released on or after January 1, 1996, in a brief, memorandum, or other document filed with the court and the citation in the table of cases in a brief shall include a reference to the calendar year in which the decision was announced, the court designation of "S. D.", and a sequential number assigned by the clerk of the Supreme Court. Citation to specific portions of the opinion shall be made to the paragraph number assigned by the clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, document, or memorandum shall include the paragraph number and sufficient references to identify the initial citation.
When available, initial citations shall include the volume and initial page number of the North Western Reporter in which the opinion is published.
Source:
SL 1996, ch 312 (Supreme Court Rule 95-13); SL 2011, ch 229 (Supreme Court Rule 10-05), eff. Aug. 30, 2010.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-70 - Brief failing to conform to requirements--Duty of clerk of Supreme Court.

15-26A-70. Brief failing to conform to requirements--Duty of clerk of Supreme Court.
The clerk of the Supreme Court may refuse to file a brief which does not substantially comply with the requirements of §§15-26A-60 to 15-26A-69, inclusive, or any brief which is not printed or reproduced in a clear and legible manner. When a brief is refused for filing the clerk shall immediately notify the party or attorney who submitted the same of the rejection. Such party shall then have ten days in which to file a brief in compliance, for which no additional costs may be taxed.
Source:
Supreme Court Rule 79-1, Rule 12 (10); SDCL Supp, §15-26A-52.
2023 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.
2023 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.
2023 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 counsel.

15-26A-73. Supplemental brief with late authorities--Service on 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 the party's brief in chief, the party shall serve a copy thereof upon the attorney for each party to the action separately represented and upon any party who is not represented by counsel and file 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); SL 2023, ch 222 (Supreme Court Rule 23-05), eff. Apr. 1, 2023.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-79 - Number of copies of briefs to be served and filed.

15-26A-79. Number of copies of briefs to be served and filed.
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. In addition to electronic submission of each brief, an original must be submitted to the clerk. 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); Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 223 (Supreme Court Rule 23-06), eff. Apr. 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 the attorney for each party to the action separately represented and upon any party who is not represented by counsel, and the motion, together with proof of service thereof, shall be filed with the clerk of the Supreme Court.
Any party may respond to a motion by filing 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); SL 2023, ch 224 (Supreme Court Rule 23-07), eff. Apr. 1, 2023.
2023 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)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; SL 2023, ch 225 (Supreme Court Rule 23-08), eff. Apr. 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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. The petition shall be filed with the clerk of the Supreme Court. Any party may serve and file answer thereto within ten days after service of the petition.
Source: Supreme Court Rule 80-4; SL 2023, ch 226 (Supreme Court Rule 23-09), eff. Apr. 1, 2023.
2023 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.
2023 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.
2023 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)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 Odyssey® 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; Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 227 (Supreme Court Rule 23-10), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26C - Supreme Court Electronic Filing Rules › Section 15-26C-2 - Electronic document formats.

15-26C-2.Electronic document formats.
(1)All documents submitted to the Supreme Court in electronic form must be in portable document format (. pdf) except as follows:
(a)Parties must obtain permission from the Supreme Court Clerk in advance if they seek to submit documents in another format.
(b)Briefs shall comply with chapter 15-26A and shall consist of a single document submitted in pdf and an approved word processing format.
(c)When an appendix is filed, it shall be in .pdf format and shall be included as part of the brief document. Except for limited excerpts showing a court's reasoning, circuit court transcripts that have been filed electronically with the Supreme Court shall not be included in an appendix. A table of contents with page or paragraph reference as appropriate for each document must precede the appendix. Points of particular interest with page or paragraph reference may also be added to the table of contents. When feasible, electronic bookmarks shall be added to note the first page of each document in the appendix and may be added to note the location of points of particular interest.
Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 223 (Supreme Court Rule 19-02); Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 228 (Supreme Court Rule 23-11), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26C - Supreme Court Electronic Filing Rules › Section 15-26C-3 - Time of filing.

15-26C-3. Time of filing.
(1)A document in compliance with the Rules of Appellate Procedure and this rule and submitted electronically to the supreme court clerk by 11:59 p. m. central standard time or daylight savings time as applicable shall be considered filed on that date.
(2)After reviewing an electronically filed document, the supreme court clerk must inform the filer, through an e-mail generated by the Odyssey® system, whether the document has been accepted or rejected. A document may be rejected (a) if it is filed in the wrong court; (b) applicable filing fees are not paid or waived; (c) the document is incomplete or contains missing information; (d) or fails to comply with applicable statutory requirements or these rules.
(3)Parties filing briefs electronically must also submit an original to the supreme court clerk. For any brief filed in an appeal from a judgment or order pursuant to chapter 26-8A, the appellant shall also file a redacted brief in compliance with subdivision 15-26A-60(9).
(4)The Supreme Court may also order any party to provide additional hardcopies of any documents electronically filed.
Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 224 (Supreme Court Rule 19-03); Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 229 (Supreme Court Rule 23-12), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26C - Supreme Court Electronic Filing Rules › Section 15-26C-4 - Electronic service.

15-26C-4. Electronic service.
(1)All documents filed electronically must be served electronically through the Odyssey® system except for documents served on or by self-represented litigants. On a showing of good cause, an attorney may be granted leave by the Supreme Court to serve paper documents or to be exempt from receiving electronic service.
(2)Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.
Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 225 (Supreme Court Rule 19-04); Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 230 (Supreme Court Rule 23-13), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26C - Supreme Court Electronic Filing Rules › Section 15-26C-5 - Original documents.

15-26C-5. Original documents.
An original document submitted for filing in paper form may be scanned by the supreme court clerk and destroyed after thirty days.
Source:
SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26C - Supreme Court Electronic Filing Rules › Section 15-26C-6 - Technical issues--Relief.

15-26C-6. Technical issues--Relief.
On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic service was not completed due to technical problems.
Source:
SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26C - Supreme Court Electronic Filing Rules › Section 15-26C-7 - Scope.

15-26C-7. Scope.
Unless specifically provided otherwise by this rule or inconsistent with its provisions, the Rules of Appellate Procedure contained in chapter 15-26A shall govern any electronic filings.
Source:
SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-1 - Remand to trial court to permit motion for new trial.

15-30-1. Remand to trial court to permit motion for new trial.
Whenever, after appeal to the Supreme Court, it shall appear to the satisfaction of the Supreme Court upon application of a party that the ends of justice require that such party should be permitted to make a motion for a new trial for a cause set forth in subdivision 15-6-59(a)(1), (2), (3), or (4), and that sufficient excuse exists for not having made said motion prior to the appeal, the Supreme Court may remand the record to the trial court for the purpose of making such motion, but no such remand shall be made unless such motion can be made and hearing thereon had in the trial court within sixty days from and after the date on which the time for appeal commences unless the Supreme Court extends the time for good cause shown.
Source:
SDC 1939 & Supp 1960, §33.0711; Supreme Court Rule 84-4; SL 2022, ch 256 (Supreme Court Rule 22-03), eff. Feb. 1, 2022.