Title 15, CIVIL PROCEDURE

If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed which has come to his hands; or to sell any personal or real property; or to return any writ of execution to the proper court on or before the return day; or, on demand to pay…

If any clerk of a court shall neglect or refuse on demand made by the person entitled thereto, his agent, or attorney of record, to pay over all money by him received in his official capacity for the use of such person, every such clerk may be amerced; and the proceedings against…

In all cases of a motion to amerce a sheriff or other officer of any county, other than the one from which the execution issued, notice in writing shall be given to such officer as required in § 15-21-1 by leaving it with him or at his office at least fifteen days before the hear…

When the cause of amercement is for refusing to pay over money collected as provided in § 15-21-1 or 15-21-2 the sheriff or other officer shall not be amerced in a greater sum than the amount so withheld with ten percent thereon. Source: SDC 1939 & Supp 1960, § 33.2503.

All amercements procured under this chapter shall be entered on the record of the court, and shall have the same force and effect as a judgment. Source: SDC 1939 & Supp 1960, § 33.2504.

Each and every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid against the sheriff or other officer by action to be commenced and prosecuted as in other cases; but the property, personal or real, of any such surety shall not be lia…

Nothing contained in this chapter shall prevent either party from proceeding against such sheriff or other officer by attachment or other proceeding at his election. Source: SDC 1939 & Supp 1960, § 33.2505.

In cases where a sheriff or other officer may be amerced and shall not have collected the amount of the original judgment he must be permitted to take out execution and collect the amount of such judgment in the name of the original plaintiff for his own use. Source: SDC 1939 & S…

Except as otherwise indicated by statute or rule, the statutes and rules of practice and procedure in the circuit courts of this state shall apply to practice and procedure in the Supreme Court. Source: SDC 1939 & Supp 1960, § 33.0501.

The media coordinator and an alternate shall be appointed by the court from a list of nominees provided by a representative of the news media designated by the court. The media coordinator and the alternate shall serve until such time as the court names a replacement. The name, b…

(a) Video cameras, still cameras, audio equipment, and other equipment to be used by the media in the courtroom during judicial proceedings must be unobtrusive and must not produce distracting sound or bear the insignia of any media organization. Cameras are to be designed or mod…

The following limitations on the amount of equipment and number of media personnel in the courtroom shall apply: (a) Video cameras. Not more than two video cameras, each operated by not more than one cameraperson, shall be permitted in the courtroom during a judicial proceeding. …

The rules of procedure for expanded media coverage of Supreme Court proceedings were adopted July 24, 2001, as a pilot project. These rules shall become permanent effective July 1, 2003. Source: SL 2003, ch 269 , (Supreme Court Rule 03-11).

Any one or more of the judges of the Supreme Court may adjourn the court with the same effect as if all were present, and may announce and have placed on file an opinion of the court. Source: SDC 1939 & Supp 1960, § 33.0503.

The Supreme Court shall direct the order in which causes shall be assigned on its calendar for hearing, except that preference in the assignment of causes for hearing shall be as follows: (1) First preference shall be given to appeals taken of adoption or abuse and neglect judgme…

The concurrence of three judges of the Supreme Court is necessary to pronounce a decision. If three do not concur the cause must be reheard; and if on the second hearing three judges do not concur, the judgment or order appealed from must be affirmed; or, in case of an original a…

As used in §§ 15-24-5 to 15-24-12 , inclusive, the following terms mean: (a) "Judicial proceeding" or "proceeding" referenced in these rules includes all public appellate arguments, hearings, or other proceedings before the Supreme Court, except those specifically excluded by the…

(a) Expanded media coverage must be conducted in conformity with applicable statutes, rules, and caselaw. (b) Nothing herein shall alter the obligation of any attorney to comply with the provisions of the Rules of Professional Conduct governing trial publicity. (c) Except as othe…

(a) All public appellate proceedings are presumed open for expanded media coverage under these rules. A party to a proceeding objecting to expanded media coverage under these rules shall file a written objection, stating the grounds therefor, at least ten days prior to commenceme…

The court calendar is published on its website at www.sdjudicial.com. News media interested in video, still camera, or audio coverage of any judicial proceeding must notify the media coordinator, who will notify the clerk no later than two business days before commencement of the…

(a) Media representatives are expected to present a neat appearance in keeping with the dignity of the proceedings and be sufficiently familiar with court proceedings to conduct themselves so as not to interfere with the dignity of the proceedings, or to distract counsel or the c…

The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a court of appeals of the United States, or a United States district court, if there are questions of law of this state involved in any proceeding before the certifying court …

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: Supreme Court Rule 85-7, § 9.

This chapter may be cited as the Uniform Certification of Questions of Law Rule. Source: Supreme Court Rule 85-7, § 10.

In the discretion of any of the courts referred to in § 15-24A-1 , this chapter may be invoked by an order of said court upon its own motion or upon the motion of any party to the cause. Source: Supreme Court Rule 85-7, § 2.

A certification order shall set forth (1) The questions of law to be answered; and (2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose. Source: Supreme Court Rule 85-7, § 3.

The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require the original or copies of all or of any …

Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification. Source: Supreme Court Rule 85-7, § 5.

Once the Supreme Court has agreed to consider the certified question, the moving party or such party as the Supreme Court may designate shall serve and file its brief within twenty - five days after the filing of the order of acceptance. The other parties shall serve and file the…

The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties. Source: Supreme Court Rule 85-7, § 7.

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 en…

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.

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 file…

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…

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.

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…

This chapter shall govern procedure in civil appeals to the Supreme Court of South Dakota. Source: Supreme Court Rule 79-1, Rule 1.

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 .

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 t…

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, § 33.07…

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 Suprem…

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 ar…

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…

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 …

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 th…

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…