Title 15, CIVIL PROCEDURE

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…

(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 pursu…

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, § 15-26A-59 .

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, § 15-26A-62 .

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 .

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 .

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 .

(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, § 15-26-21 .

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. 15-26A-A APPENDIX OF FORMS 1. NOTICE OF APPEAL 2. NOTICE OF REVIEW 3. APPEAL TRANSCRIPTS 4. APPELLANT'S BRIEF…

1. NOTICE OF APPEAL 2. NOTICE OF REVIEW 3. APPEAL TRANSCRIPTS 4. APPELLANT'S BRIEF 5. DOCKETING STATEMENT 6. ORDER FOR TRANSCRIPT Form 1 NOTICE OF APPEAL State of South Dakota In Circuit Court County of ________ ________ Judicial Circuit A.B., Plaintiff, v. Notice of Appeal C.D.,…

(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…

(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 ex…

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.

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.

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.

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) …

In the event that a petition for rehearing of the appeal be filed, the final determination of the costs and return of the same to the trial court in the remittitur shall conform to the decision on the petition for rehearing, and such additional costs as may accrue from the petiti…

When the action or proceeding has been finally disposed of in the Supreme Court, certified copies of its judgment or decision, and the settled record on appeal shall be remitted to the court from which the appeal was taken, and further proceedings shall be had in accordance there…

The remittitur as returned by the clerk of the Supreme Court to the clerk of the trial court shall contain a statement of the final award of costs and damages, if any. Source: SDC 1939 & Supp 1960, § 33.0753.

Upon the decision of any appeal in a civil action or proceeding by the Supreme Court and filing of the remittitur with the clerk of the court from which the appeal was taken, such clerk shall forthwith enter the judgment in favor of the successful party for the amount of any cost…

In all cases the Supreme Court shall remit its judgment or decision to the court from which the appeal was taken, to be enforced accordingly; and if from a judgment, final judgment shall thereupon be entered in the court below in accordance therewith, except where otherwise order…

The clerk of the Supreme Court shall in all cases, except when the order or judgment is affirmed, also transmit with the papers so returned by him a certified copy of the opinion of the Supreme Court. Source: SDC 1939 & Supp 1960, § 33.0730.

Upon an appeal from a judgment or order, the Supreme Court may reverse, affirm, or modify the judgment or order, and may direct the entry of such judgment or order as the court deems required by the record, as to any or all of the parties; and may, if necessary or proper, order a…

The Supreme Court on appeal from an order granting a new trial, or upon a review of an order denying a new trial in the action in which such motion was made, or on appeal from the judgment, may order and direct judgment to be entered in favor of the party who was entitled to have…

A petition for the rehearing of a cause heard on appeal to the Supreme Court may be served and filed within twenty days after the date of filing of the formal opinion or the order of summary disposition. Any party may serve and file answer thereto within ten days after service of…

If a rehearing be granted, the Supreme Court in its order will prescribe the form and time of service of briefs or provide for oral argument as may seem appropriate to the case. The clerk of the court shall notify the attorneys of record by mail of the action of the court grantin…

Costs on appeal to the Supreme Court shall be allowed to the prevailing party in civil actions and special proceedings, provided, however, that the cost of printing or reproducing briefs as set out in (3) and the cost of transcripts as set out in (4) are recoverable only if the r…