Title 15 — CIVIL PROCEDURE

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 asc…

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 Rul…

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 peri…

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.

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…

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 cert…

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…

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 n…

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 h…

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 …

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 br…

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 d…

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 …

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 Su…

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, §

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 s…

For any judgment or order for which signing, attestation, filing and the provision of notice of entry thereof is completed before July 1, 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…

Jan. 1, 2007. 15-26A-6.01 Transitional provision--Time for taking appeal. 15-26A-7 Orders and determinations of trial court subject to review on appeal from judgment. 15-26A-8 New trial motion not required for review on insufficiency of evidence or error of law. 15-26A-9 Matters …

The brief of the appellant shall contain under appropriate headings and in the order here indicated: (1) A table of contents, with page references. (2) A table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief wher…

The brief of the appellee shall conform to the requirements of §

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 §

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," "…

A docketing statement shall be completed for each civil appeal, other than appeals in habeas corpus actions brought under chapter 21-27 , on the form prescribed by the Supreme Court. Appellant shall attach to the docketing statement the findings of fact and conclusions of law, an…

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, §

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, §

(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 …

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…

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 4…

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 i…

(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 th…

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 affect…

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 cler…

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 th…

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 s…

No costs shall be allowed for printing in the brief matters clearly unrelated to any issue raised by the appeal. Costs may be taxed in the Supreme Court in favor of appellee and against appellant for the expense of printing in appellee's brief matters which are clearly material t…

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 s…

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 desirab…

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 s…

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 set…

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 opp…

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 bri…

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 fo…

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…

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, §

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 at…

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…

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, §

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, §

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, §

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, §