reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-9 - Severability.

15-24A-9. Severability.
If any provision of this chapter or the application thereof to any person, court, or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source:
Supreme Court Rule 85-7, §8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 25 - Original Proceedings In Supreme Court › Section 15-25-1 - Matters in which original jurisdiction exercised.

15-25-1.Matters in which original jurisdiction exercised.
The exercise of the original jurisdiction granted the Supreme Court by S. D. Const., Art. V, §5, is reserved for the consideration of matters of prerogative, extraordinary, and general concern.
Source:
SDC 1939 & Supp 1960, §33.0601; SL 1984, ch 12, §10.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 25 - Original Proceedings In Supreme Court › Section 15-25-2 - Application to commence proceeding--Fee--Filing.

15-25-2. Application to commence proceeding--Fee--Filing.
Application for permission to commence such action or proceeding and to fix the procedure to be followed therein shall be accompanied by the form of plaintiff's proposed pleading and by a filing fee. The application, proposed complaint and supporting papers, if any, shall be filed with the clerk of the Supreme Court.
Source: SDC 1939 & Supp 1960, §33.0602; Supreme Court Order dated and effective September 14, 1972; SL 2023, ch 218 (Supreme Court Rule 23-02), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 25 - Original Proceedings In Supreme Court › Section 15-25-3 - Petition for rehearing on decision.

15-25-3. Petition for rehearing on decision.
Any party may petition for a rehearing upon a decision, in the event that any issue or question of law or fact appears to have been overlooked or misapprehended by the court, by filing and service of such petition at any time within twenty days after copy of the decision has been mailed or delivered by the clerk. Such petition shall state briefly and without argument the issue, fact or law claimed to have been overlooked or misapprehended by the court.
Source:
SDC 1939 & Supp 1960, §33.0603.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 25 - Original Proceedings In Supreme Court › Section 15-25-4 - Reply to petition for rehearing.

15-25-4. Reply to petition for rehearing.
Any party may reply to the petition for rehearing by serving and filing such reply at any time within ten days after the service thereof.
Source:
SDC 1939 & Supp 1960, §33.0603.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 25 - Original Proceedings In Supreme Court › Section 15-25-5 - Docketing in circuit court and enforcement of Supreme Court judgment for money.

15-25-5. Docketing in circuit court and enforcement of Supreme Court judgment for money.
Whenever, in an original action in the Supreme Court, a judgment either in whole or in part directing the payment of money shall be given and entered, a transcript of such judgment may be filed and docketed in the office of the clerk of courts of any county in the state, and from the time of the docketing of such judgment the same shall become a judgment of the circuit court of such county, and shall have the same force and effect and shall be a lien upon real property as a judgment of the circuit court rendered and docketed in said county, and may be enforced as a judgment of such circuit court. This section shall not apply to judgments against the state.
Source:
SDC 1939 & Supp 1960, §33.1714.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-2 - Suspension of rules.

15-26A-2. Suspension of rules.
In the interest of expediting decision in cases of pressing concern to the public or to litigants, or for other good cause shown, the Supreme Court, except as otherwise provided in §15-26A-92, may suspend the requirement or provision of these rules on application of a party or on its own motion and may order proceedings in accordance with its direction.
Source:
Supreme Court Rule 79-1, Rule 2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-3 - Judgments and orders of circuit courts from which appeal may be taken.

15-26A-3. Judgments and orders of circuit courts from which appeal may be taken.
Appeals to the Supreme Court from the circuit court may be taken as provided in this title from:
(1)A judgment;
(2)An order affecting a substantial right, made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken;
(3)An order granting a new trial;
(4)Any final order affecting a substantial right, made in special proceedings, or upon a summary application in an action after judgment;
(5)An order which grants, refuses, continues, dissolves, or modifies any of the remedies of arrest and bail, claim and delivery, injunction, attachment, garnishment, receivership, or deposit in court;
(6)Any other intermediate order made before trial, any appeal under this subdivision, however, being not a matter of right but of sound judicial discretion, and to be allowed by the Supreme Court in the manner provided by rules of such court only when the court considers that the ends of justice will be served by determination of the questions involved without awaiting the final determination of the action or proceeding; or
(7)An order entered on a motion pursuant to §15-6-11.
Source:
SDC 1939 & Supp 1960, §33.0701; SDCL, §15-26-1; SL 1971, ch 151, §2; SL 1986, ch 160, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-4.1 - Amended notice of appeal.

15-26A-4.1. Amended notice of appeal.
An amended notice of appeal shall be limited to the correction of clerical errors or omissions in the original notice of appeal. It may not be used for the purpose of appealing an order or judgment entered subsequent to the filing of the original notice of appeal, except when a subsequent order or judgment amends the order or judgment from which the appeal was initially taken. The amended notice shall be served and filed pursuant to the provisions of §15-26A-4, provided, however, that no filing fees need be paid and no docketing statement need be filed.
The service and filing of an amended notice of appeal shall not serve to extend the time within which to accomplish the applicable appellate procedure, the time therefor to be computed as hereafter provided from the dates of service or filing of the original notice of appeal.
Source:
SL 1988, ch 420 (Supreme Court Rule 87-1); SL 1990, ch 423 (Supreme Court Rule 89-5).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-5 - Affidavit of indigency in lieu of filing fee.

15-26A-5. Affidavit of indigency in lieu of filing fee.
In lieu of the filing fees provided for in §15-26A-4, appellant may file an affidavit of indigency which may be contested as provided in §15-26A-35 for the exception to personal surety.
Source:
Supreme Court Rule 79-1, Rule 7 (3); SDCL Supp, §15-26A-13; Supreme Court Rule 82-1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-6 - Appeals--When taken.

15-26A-6. Appeals--When taken.
An appeal from a judgment or order must be taken within thirty days after the judgment or order shall be signed, attested, filed and written notice of entry thereof shall have been given to the adverse party.
A written notice of appeal filed before the attestation and filing of such signed judgment or order shall be deemed as filed on the date of the attestation and filing of the judgment or order.
The running of the time for filing a notice of appeal is terminated as to all parties by a timely motion filed in the circuit court by any party pursuant to §15-6-59 or §15-6-50(b), or both, and the full time for appeal fixed by this section commences to run after the order made pursuant to such motion shall be signed, attested, filed and written notice of entry thereof shall have been given to the adverse party or if the circuit court fails to take action on such motion or fails to enter an order extending the time for taking action on such motion within the time prescribed, then the date shall be computed from the date on which the time for action by the circuit court expires.
Source:
SDC 1939, §33.0702; SL 1943, ch 124, §1; SL 1961, ch 179; SDCL §15-26-2; SL 1976, ch 149, §2; Supreme Court Rule 79-1, Rule 4; Supreme Court Rule 79-6; SDCL Supp, §15-26A-4; Supreme Court Rule 80-3; Supreme Court Rule 82-33; Supreme Court Rule 97-8; SL 2006, ch 333 (Supreme Court Rule 06-59), eff. July 1, 2006; SL 2008, ch 288 (Supreme Court Rule 08-02), eff. July 1, 2008; SL 2010, ch 254 (Supreme Court Rule 10-01), eff. Feb. 26, 2010.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-6.01 - Transitional provision--Time for taking appeal.

15-26A-6.01. Transitional provision--Time for taking appeal.
For any judgment or order for which signing, attestation, filing and the provision of notice of entry thereof is completed before July1, 2006, the time for taking an appeal under §15-26A-6 shall be sixty days. For any judgment or order for which signing, attestation, filing and the provision of notice of entry thereof is completed on or after July1, 2006, the time for taking an appeal under §15-26A-6 shall be thirty days.
Source:
SL 2006, ch 334 (Supreme Court Rule 06-60), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-7 - Orders and determinations of trial court subject to review on appeal from judgment.

15-26A-7. Orders and determinations of trial court subject to review on appeal from judgment.
On appeal from a judgment the Supreme Court may review any order, ruling, or determination of the trial court, including an order denying a new trial, and whether any such order, ruling, or determination is made before or after judgment involving the merits and necessarily affecting the judgment and appearing upon the record.
Source:
SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-19.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-8 - New trial motion not required for review on insufficiency of evidence or error of law.

15-26A-8. New trial motion not required for review on insufficiency of evidence or error of law.
Such of the matters specified in subdivisions 15-6-59(a)(6) and (7) as may have been timely presented to the trial court by motion for directed verdict, request for findings, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for new trial.
Source:
SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-20; SL 1978, ch 178, §569.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-9 - Matters subject to review on appeal from order denying new trial.

15-26A-9. Matters subject to review on appeal from order denying new trial.
When reviewing an order denying a new trial, the Supreme Court may review all matters properly and timely presented to the court by the application for a new trial.
Source:
SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-21.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-10 - Scope of review on appeal from order.

15-26A-10. Scope of review on appeal from order.
When the appeal is from any order subject to appeal, the Supreme Court may review all matters appearing on the record relevant to the question of whether the order appealed from is erroneous.
Source:
SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-22.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-11 - Combining of appeals in one notice and one undertaking.

15-26A-11. Combining of appeals in one notice and one undertaking.
The appellant may unite in one notice, and under one undertaking of the amount required for a single appeal, all appeals from one or more judgments and from one or more orders made in or pertaining to the same action or proceeding, subject however to all limitations of time for taking appeals.
Source:
SDC 1939 & Supp 1960, §33.0703; SDCL, §15-26-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-12 - Actions available to Supreme Court on decision.

15-26A-12. Actions available to Supreme Court on decision.
By its judgment, the Supreme Court may reverse, affirm, or modify the judgment or order appealed from, and may either direct a new trial or the entry by the trial court of such judgment as the Supreme Court deems is required under the record.
Source:
SDC 1939 & Supp 1960, §33.0710; SDCL, §15-26-26.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-13 - Petition for permission to take discretionary appeal.

15-26A-13. Petition for permission to take discretionary appeal.
An appeal from an intermediate order made before trial as prescribed by subdivision 15-26A-3(6) may be sought by filing a petition for permission to appeal, together with proof of service thereof upon all other parties to the action in circuit court, with the clerk of the Supreme Court within ten days after notice of entry of such order. When a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing.
The petition shall be filed with the clerk of the Supreme Court, together with the required statutory filing fees unless exempt by law.
Source: Supreme Court Rule 79-1, Rule 5 (1); SDCL Supp, §15-26A-5; Supreme Court Rule 81-6; SL 2011, ch 245 (Supreme Court Rule 11-02), eff. July 1, 2011; SL 2023, ch 220 (Supreme Court Rule 23-03), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-14 - Contents of petition for appeal.

15-26A-14. Contents of petition for appeal.
The petition shall be captioned in the Supreme Court and entitled as in the circuit court. It shall contain:
(1)A statement of facts necessary to understand the question presented;
(2)A statement of the question itself;
(3)The relief sought;
(4)A concise statement, without argument, of law in support of the request;
(5)The reasons why the appeal should be allowed;
(6)Other papers and exhibits petitioner deems relevant and material; and
(7)All papers must conform to typeface specified in §15-26A-66. Except by the Court's permission, a petition or response may not exceed 10 pages, exclusive of the accompanying documents required by subdivisions 15-26A-15(1), (2) and (3).
Source:
Supreme Court Rule 79-1, Rule 5 (2); SDCL Supp, §15-26A-6; Supreme Court Rule 80-3; Supreme Court Rule 82-14; SL 2005, ch 292 (Supreme Court Rule 05-06), effective Feb. 25, 2005; SL 2013, ch 262 (Supreme Court Rule 13-01), eff. Feb. 14, 2013.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-15 - Attachments to petition for appeal.

15-26A-15. Attachments to petition for appeal.
Attachments to the petition shall include:
(1)A conformed copy of the order sought to be reviewed;
(2)All findings of fact, conclusions of law, or memorandum opinions relating thereto; and
(3)The notice of entry of the order sought to be appealed.
Source:
Supreme Court Rule 79-1, Rule 5 (2) (e); SDCL Supp, §15-26A-7; Supreme Court Rule 82-15; SL 2005, ch 293 (Supreme Court Rule 05-07), effective Feb. 25, 2005.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-16 - Response to petition.

15-26A-16. Response to petition.
Within seven days after the service of the petition, any party to the action may serve and file a response thereto. The response shall be filed with the clerk of the Supreme Court. When a response to a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing.
The petition and any response shall be submitted without oral argument unless otherwise ordered.
Source: Supreme Court Rule 79-1, Rule 5 (3); SDCL Supp, §15-26A-8; SL 2011, ch 246 (Supreme Court Rule 11-03), eff. July 1, 2011; SL 2023, ch 221 (Supreme Court Rule 23-04), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-17 - Grant of permission to appeal--Procedure.

15-26A-17. Grant of permission to appeal--Procedure.
If permission to appeal is granted, the clerk of the Supreme Court shall serve notice of the order granting permission to appeal by mailing a copy of the order to the clerk of the trial court and the counsel of record of each party to the action. The appellate petitioner shall then file the bond for costs as required by §15-26A-23 and shall thereafter proceed as though the appeal had been instituted by service of a written notice of appeal. In the order granting the appeal, the court shall fix the time for the filing of the bond, briefs and the transmitting of the record if necessary.
Source:
Supreme Court Rule 79-1, Rule 5 (4); SDCL Supp, §15-26A-9.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-18 - Noncompliance with requirements and inaccurate statements as grounds for denial of appeal from intermediate order.

15-26A-18. Noncompliance with requirements and inaccurate statements as grounds for denial of appeal from intermediate order.
In any case where it appears to the Supreme Court that a petitioner has willfully failed to comply with the requirements of §§15-26A-13 to 15-26A-17, inclusive, as to the form and contents of a petition for allowance of an appeal from an intermediate order, or has intentionally made an unfair or inaccurate statement in such petition, this shall constitute sufficient grounds for denial of the petition.
Source:
SDC 1939 & Supp 1960, §33.0707; SDCL, §15-26-13; Supreme Court Rule 80-1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-19 - Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay.

15-26A-19. Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay.
Upon the filing of any petition referred to in §15-26A-13 with the clerk of the Supreme Court, the petitioner may make application to the court for a stay of proceedings pending action of the court on such petition. The court shall grant such stay only when satisfied that the ends of justice require it, and upon such security as the court may direct to safeguard any other party against damage by reason of delay. If the court makes an order granting such stay, a certified copy thereof must be filed with the clerk of the court from which the appeal is sought. The filing of the petition shall not operate to stay proceedings except as provided in this section.
Source:
SDC 1939 & Supp 1960, §33.0705; SDCL, §15-26-15; Supreme Court Rule 80-1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-20 - Certification of record on petition for appeal from intermediate order.

15-26A-20. Certification of record on petition for appeal from intermediate order.
The Supreme Court, for purposes of determination of a petition for allowance of an appeal from an intermediate order, may direct the certification to the court of any portion of the record in the court below.
Source:
SDC 1939 & Supp 1960, §33.0706; SDCL, §15-26-17.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-21 - Terms imposed on unreasonable and vexatious petition for appeal from intermediate order.

15-26A-21. Terms imposed on unreasonable and vexatious petition for appeal from intermediate order.
In any case where the Supreme Court is satisfied that a petition for allowance of an appeal from an intermediate order has been filed without reasonable grounds, and that the filing of the same may be fairly considered vexatious, the court may impose upon the petitioner such terms as the court deems proper.
Source:
SDC 1939 & Supp 1960, §33.0707; SDCL, §15-26-14.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-22 - Appellee's right to obtain review.

15-26A-22. Appellee's right to obtain review.
An appellee may obtain review of a judgment or order entered in the same action which may adversely affect him by filing a notice of review and section B of the docketing statement required by subdivision 15-26A-4(2) with the clerk of the Supreme Court within twenty days after the service of the notice of appeal. The clerk of the Supreme Court shall not accept for filing such notice of review unless accompanied by a docketing statement and proof of service of such notice and docketing statement on all other parties. The notice of review shall specify the judgment or order to be reviewed.
Source:
Supreme Court Rule 79-1, Rule 6; SDCL Supp, §15-26A-10; SL 1986, ch 446 (Supreme Court Rule 86-11).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-51 - Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.

15-26A-51. Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.
At the time of ordering, a party must make satisfactory arrangements with the reporter for payment of the costs of the transcript and all necessary copies. If the reporter requires a prepayment, he shall immediately notify the party placing the order, who shall then have ten days to make such payment. The reporter shall acknowledge at the foot of the order the date he received it, the date prepayment was received, if such payment was required, and the date on which he expects to have the transcript completed. The reporter shall transmit the order so endorsed to the clerk of the Supreme Court. The transcript shall be completed within forty-five days after receipt of the order or, if prepayment was requested, within forty-five days after receipt of such prepayment. If the reporter cannot complete the transcript within the prescribed time, he shall request an extension of time from the clerk of the Supreme Court, and the action of the clerk of the Supreme Court shall be entered on the record and the parties notified. In the event of the failure of the reporter to file the transcript within the time allowed, the clerk of the Supreme Court shall take such steps as may be directed by the Chief Justice of the Supreme Court.
In the event that the reporter receives a copy of appellee's designation of additional parts of the proceedings to be transcribed, as provided for in §15-26A-50, his time for preparation of the transcript shall be tolled and commence to run anew when:
(1)He receives an order from either the appellant or the appellee for additional parts of the transcript, in which case he shall endorse the order and transmit it to the clerk of the Supreme Court; or
(2)The trial court has entered its order denying appellee's motion requesting the transcription of additional parts of the proceedings, in which event the trial clerk shall transmit a copy of the order of denial to the reporter and to the clerk of the Supreme Court.
Source:
Supreme Court Rule 79-1, Rule 10 (2)(c); SDCL Supp, §15-26A-33; Supreme Court Rule 82-17; SL 1991, ch 428 (Supreme Court Rule 90-05).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 26A - Rules Of Civil Appellate Procedure › Section 15-26A-52 - Form of transcript--Number of copies--Certification.

15-26A-52. Form of transcript--Number of copies--Certification.
The transcript shall be in the form prescribed in the appendix of forms. The reporter shall file the original transcript with the clerk of the circuit court and shall transmit a copy to the attorney for each party to the appeal separately represented and directly to any parties not represented. In the event that more than three copies are necessary to comply with the foregoing requirement, appellant may make application, upon notice, to the circuit court for an order determining the number of copies to be served and the time of use by the parties. Copies of the transcript may be reproduced by any duplicating or copying process which produces a clear black image on white paper. The reporter shall certify the correctness of the original and all copies of the transcript. He shall notify the clerk of the Supreme Court that he has filed the original transcript and transmitted the copies.
Source:
Supreme Court Rule 79-1, Rule 10 (2) (d); SDCL Supp, §15-26A-34.