South Dakota Codified Laws
Chapter 24 - Supreme Court Procedure In General
Section 15-24-4 - Number of judges required for decision--Rehearing--Disposition in case of disagreement.

15-24-4. Number of judges required for decision--Rehearing--Disposition in case of disagreement.
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 action or proceeding, the same must be dismissed without prejudice.

Source: SDC 1939 & Supp 1960, §33.0502.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 24 - Supreme Court Procedure In General

Section 15-24-1 - Circuit court procedure applicable except as otherwise provided.

Section 15-24-2 - Adjournment of court by one judge--Announcement and filing of opinions.

Section 15-24-3 - Order of causes on Supreme Court calendar--Preference to appeals on adoption, abuse and neglect, suppression of evidence in criminal cases and cases involving public agencies.

Section 15-24-4 - Number of judges required for decision--Rehearing--Disposition in case of disagreement.

Section 15-24-5 - Definitions.

Section 15-24-6 - General.