South Dakota Codified Laws
Chapter 26A - Rules Of Civil Appellate Procedure
Section 15-26A-A - APPENDIX OF FORMS

APPENDIX OF FORMS

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., Defendant, To: John Jones, Attorney for Plaintiff, A.B. Please take notice, that the defendant C.D. appeals to the Supreme Court of South Dakota from the final judgment rendered in this action on the ________ day of ________, 20 ____. Dated this ________ day of ________, 20 ____. ____________________________ ____________________________ Name and address of attorney for C.D. (Note: The trial court caption is used on the notice of appeal, cost and supersedeas bonds, or stipulation waiving bonds. The originals and duplicate originals are filed with the clerk of the trial court. All subsequent documents are captioned in the Supreme Court and are filed with the clerk of the Supreme Court.) Admission, certificate, or affidavit of service to be added.
Source: Supreme Court Rule 79-1, Rule 17.
Form 2 NOTICE OF REVIEW STATE OF SOUTH DAKOTA IN THE SUPREME COURT A.B., Plaintiff-Appellee, v. Notice of Review C. D., Defendant-Appellant. To: Smith & Smith, attorneys for defendant-appellant, C.D. Please take notice that the plaintiff-appellee, A.B., will seek review of the order of the circuit court entered on the ________ day of ________, 20 ____, denying plaintiff's motion for new trial on the issue of damages. Dated this ________ day of ________, 20 ____. ____________________________ ____________________________ Name and address of attorney for appellee Admission, certificate, or affidavit of service added.
Source: Supreme Court Rule 79-1, Rule 17.

MOTIONS AND STIPULATIONS Made On Ruled On Motion by Defendant for Directed Verdict 214 216 Stipulation, unavailability of Witness 217 218 Todd K. Onnen
CROSS-EXAMINATION Q (By MR. SUMMER) Okay. With respect to this stocking cap, is State's Exhibit Number 13 similar to the ones you sell? A They look exactly like the ones he bought. He bought 3 of them. Q Okay. Go through it again. It could be one that is similar to that as opposed to the actual one. MR. LINTON: That's argumentative, Your Honor. THE COURT: Well, he's already answered the question previously. MR. SUMMER: What was his answer? THE COURT: I believe he said it could be. MR. LINTON: Wait just a minute, Your Honor. I move that answer be stricken. THE COURT: If in fact he answered the question it will be stricken. Any further questions, Mr. Summer? MR. SUMMER: No, Your Honor. RE-DIRECT EXAMINATION Q (By MR. LINTON) Sir, I'm going to hand you again State's Exhibit 13, and will you examine it and tell the Court what differences if any you see between this particular exhibit and the stocking cap you sold on January 7, 1977. A Well, just that the way it is laying here, it's open and the ones that we have on display are folded up like this. But other than that I don't really see any difference.
Source: Supreme Court Rule 79-1, Rule 17; SL 2016, ch 242 (Supreme Court Rule 16-03, eff. July 1, 2016.
Form 4 APPELLANT'S BRIEF Cover Page IN THE SUPREME COURT STATE OF SOUTH DAKOTA A.B., Plaintiff and Appellee, v. C.D., Defendant and Appellant. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, South Dakota. The Hon. ________ Judge presiding. Appellant's Brief Names and addresses of attorneys for Appellant and Appellee. The notice of appeal was filed on the ________ day of ________, 20 ____. (1) TABLE OF CONTENTS Page Table of authorities 2 Legal issues 3 Statement of case and facts 4 Argument 10 Conclusion 21
Source: Supreme Court Rule 79-1, Rule 17.
Form 5 DOCKETING STATEMENT
Source: SL 1988, ch 423 (Supreme Court Order 87-4); SL 1993, ch 397 (Supreme Court Rule 93-14); SL 1998, ch 301 (Supreme Court Rule 97-44).
Form 6 ORDER FOR TRANSCRIPT STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT SS COUNTY OF ____________ ) ____________ JUDICIAL CIRCUIT ) ) vs. ) ORDER FOR TRANSCRIPT(S) ) ) ) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ TO: COURT REPORTER(S) ____________________________________________ : Pursuant to SDCL 15-26A-48, (name(s) of party/parties placing order) hereby orders a transcript(s) of proceedings in the above-entitled action as indicated below: DATE OF . TYPE OF NAME OF PROCEEDING PROCEEDING REPORTER __________________ _ Arraignment __________________ __________________ _ Closing Statements __________________ __________________ _ Court Trial __________________ __________________ _ Jury Trial __________________ __________________ _ Motion Hearings(s) __________________ __________________ _ Opening Statement(s) __________________ __________________ _ Sentencing __________________ __________________ _ Voir Dire __________________ __________________ _ ______________ __________________ _ (Other-Specify) ___________________ As the ordering party I hereby certify that notice of appeal was filed with the trial clerk on ______________________________, and that this order is timely made within ten days of said filing date. I also certify that pursuant to SDCL 15-26A-48, an original of this order has been transmitted to each Court Reporter who took the requested proceedings; that a copy has been filed with the trial clerk; and that service has been made upon all parties to the action as reflected in the attached certificate of service. DATED this ______ day of __________________________, 20____ .
Source: SL 1995, ch 310 (Supreme Court Rule 95-3).

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 26A - Rules Of Civil Appellate Procedure

Section 15-26A-1 - Scope of rules.

Section 15-26A-2 - Suspension of rules.

Section 15-26A-3 - Judgments and orders of circuit courts from which appeal may be taken.

Section 15-26A-4 - Appeals of right--How taken.

Section 15-26A-4.1 - Amended notice of appeal.

Section 15-26A-5 - Affidavit of indigency in lieu of filing fee.

Section 15-26A-6 - Appeals--When taken.

Section 15-26A-6.01 - Transitional provision--Time for taking appeal.

Section 15-26A-7 - Orders and determinations of trial court subject to review on appeal from judgment.

Section 15-26A-8 - New trial motion not required for review on insufficiency of evidence or error of law.

Section 15-26A-9 - Matters subject to review on appeal from order denying new trial.

Section 15-26A-10 - Scope of review on appeal from order.

Section 15-26A-11 - Combining of appeals in one notice and one undertaking.

Section 15-26A-12 - Actions available to Supreme Court on decision.

Section 15-26A-13 - Petition for permission to take discretionary appeal.

Section 15-26A-14 - Contents of petition for appeal.

Section 15-26A-15 - Attachments to petition for appeal.

Section 15-26A-16 - Response to petition.

Section 15-26A-17 - Grant of permission to appeal--Procedure.

Section 15-26A-18 - Noncompliance with requirements and inaccurate statements as grounds for denial of appeal from intermediate order.

Section 15-26A-19 - Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay.

Section 15-26A-20 - Certification of record on petition for appeal from intermediate order.

Section 15-26A-21 - Terms imposed on unreasonable and vexatious petition for appeal from intermediate order.

Section 15-26A-22 - Appellee's right to obtain review.

Section 15-26A-23 - Form and amount of bond or deposit for costs.

Section 15-26A-24 - Waiver of bond or deposit--Affidavit of indigency.

Section 15-26A-25 - Stay of judgment or order in circuit court--When allowed.

Section 15-26A-26 - Appellate procedure--Money judgment--Conditions of bond on appeal.

Section 15-26A-27 - Judgment directing the assignment or delivery of documents or personal property--Conditions of bond on appeal.

Section 15-26A-28 - Judgment directing the sale or possession of real property--Conditions of bond on appeal.

Section 15-26A-29 - Judgment directing execution of an instrument--Conditions of stay.

Section 15-26A-30 - Sale of perishable property--Deposit of proceeds.

Section 15-26A-31 - Conditions of bond on appeal from other judgments and orders.

Section 15-26A-32 - Extent of stay on filing of bond.

Section 15-26A-33 - Joinder of bonds.

Section 15-26A-34 - Notice of application for bond.

Section 15-26A-35 - Personal sureties--Exceptions--Justification.

Section 15-26A-36 - Service of bond on adverse party.

Section 15-26A-37 - Proceedings against sureties on bond.

Section 15-26A-38 - Stay of execution without bond by public agency or officer.

Section 15-26A-39 - Application to Supreme Court for special relief.

Section 15-26A-40 - New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking.

Section 15-26A-41 - Deposit in lieu of undertaking--Notice of deposit.

Section 15-26A-42 - Waiver of undertaking and deposit.

Section 15-26A-43 - Failure to pay after affirmance of judgment as breach of undertaking.

Section 15-26A-44 - Liability of sureties on dismissal of appeal.

Section 15-26A-45 - Damages determined by referee after affirmance by Supreme Court.

Section 15-26A-46 - Failure to pay damages determined by referee as breach of undertaking.

Section 15-26A-47 - Composition of the record on appeal.

Section 15-26A-48 - Order for transcript of proceedings.

Section 15-26A-49 - Waiver by failure to order transcript.

Section 15-26A-50 - Determination of parts of transcript to be included.

Section 15-26A-51 - Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.

Section 15-26A-52 - Form of transcript--Number of copies--Certification.

Section 15-26A-53 - Duty of clerk of trial court to assemble and certify the record--Time and manner--Transmittal of index in lieu of entire record.

Section 15-26A-54 - Statement of the proceedings when no report was made or when the transcript is unavailable.

Section 15-26A-55 - Agreed statement as the record.

Section 15-26A-56 - Correction or modification of the record.

Section 15-26A-57 - Time for transmission of record--Temporary delay--Documents of unusual bulk or weight and physical exhibits--Motion for intermediate orders.

Section 15-26A-58 - Transmittal of record for preliminary hearing.

Section 15-26A-59 - Disposition of record after appeal.

Section 15-26A-60 - Brief of appellant--Contents.

Section 15-26A-61 - Brief of appellee.

Section 15-26A-62 - Reply brief.

Section 15-26A-63 - References in briefs to parties.

Section 15-26A-63.1 - References in briefs to children.

Section 15-26A-64 - References in briefs to record.

Section 15-26A-65 - Reproduction of statutes, ordinances, rules, regulations, etc.

Section 15-26A-66 - Length of briefs.

Section 15-26A-67 - Briefs of multiple appellants or appellees.

Section 15-26A-68 - Reproduction methods used for briefs.

Section 15-26A-69 - Printing and binding specifications for briefs.

Section 15-26A-69.1 - Citation of official opinions of the Supreme Court.

Section 15-26A-70 - Brief failing to conform to requirements--Duty of clerk of Supreme Court.

Section 15-26A-70.1 - Pro se filings by party represented by counsel.

Section 15-26A-71 - Amendment of briefs--Terms for allowance.

Section 15-26A-73 - Supplemental brief with late authorities--Service on opposing counsel.

Section 15-26A-74 - Brief and argument of amicus curiae.

Section 15-26A-75 - Time for serving and filing briefs.

Section 15-26A-76 - Extension of time for serving and filing briefs.

Section 15-26A-77 - Stipulation waiving default in filing of briefs--Court order extending time.

Section 15-26A-78 - Default in filing of briefs waived by court without stipulation.

Section 15-26A-79 - (Text of section until further order of the Supreme Court to be entered after July 1, 2019) Number of copies of briefs to be served and filed.

Section 15-26A-80 - Consequence of failure to file briefs.

Section 15-26A-81 - Briefs mailed for filing--Time.

Section 15-26A-82 - Supreme Court calendar for oral argument--Duty of clerk.

Section 15-26A-83 - Time allowed for argument.

Section 15-26A-84 - Order and content of argument.

Section 15-26A-85 - Number of attorneys allowed to argue.

Section 15-26A-86 - Nonappearance of parties.

Section 15-26A-87 - Submission on briefs.

Section 15-26A-87.1 - Disposition on briefs and record--Grounds--Citation of decisions restricted.

Section 15-26A-87.2 - Motions--Answers to motions--Generally.

Section 15-26A-87.3 - Motion for attorney fees--Contents, form, and filing of motion.

Section 15-26A-88 - Physical exhibits used at argument.

Section 15-26A-89 - When member of court absent.

Section 15-26A-90 - Prehearing conference.

Section 15-26A-91 - Time for petition for reinstatement--Contents, form, and filing of petition.

Section 15-26A-92 - Enlargement of time.

Section 15-26A-93 - Title of chapter.

Section 15-26A-A - APPENDIX OF FORMS