Title 15 — CIVIL PROCEDURE

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, §

(A) After all briefs have been filed in any appeal, the Supreme Court by unanimous action may, sua sponte, enter an order or memorandum opinion affirming the judgment or order of the trial court for the reason that it is manifest on the face of the briefs and the record that the …

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 …

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 §…

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…

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, …

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, §

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 …

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 …

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 appea…

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. APPENDIX OF FORMS 1. NOTICE OF APPEAL 2. NOTICE OF REVIEW 3. APPEAL TRANSCRIPTS 4. APPELLANT'S BRIEF 5. DOCKE…

(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…

(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…

(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 elec…