15-30-6. Costs allowed to prevailing party on appeal.
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 required proof of such costs is filed with the clerk of the Supreme Court prior to entry of the court's decision. Allowable costs are set out as follows:
(1)The amount of the statutory fees of the clerk of the Supreme Court and the clerk of the trial court;
(2)For argument in the Supreme Court, thirty dollars;
(3)For printing of brief, exclusive of any appendix thereto, when printed to conform to the rules of the Supreme Court, not to exceed two dollars and fifty cents per page, or for reproduction of brief by other approved method, not to exceed fifteen cents per page times the number of necessary copies not to exceed twenty unless necessary to meet service and filing requirements, provided that the costs taxed for printing or reproducing a brief shall not exceed the actual cost thereof, which actual cost is to be evidenced by an affidavit of counsel setting out the necessary number of briefs reproduced, the number of pages per brief, and the actual per page cost;
(4)The cost of the original and two copies of the transcript necessarily procured for the purpose of an appeal record, if the same has not heretofore been taxed as costs in the trial court, such cost to be evidenced by a copy of the reporter's bill and an affidavit of counsel stating that the cost of the transcript has not been taxed in the trial court; and
(5)When a judgment is affirmed the court may, in its discretion, also award damages for the delay, not to exceed ten percent of the amount of the judgment.
Source: SDC 1939, §33.0712; SL 1951, ch 184; SL 1961, ch 180; SL 1980, ch 167, §1; Supreme Court Rule 85-1; SL 1992, ch 367 (Supreme Court Rule 92-2).
Structure South Dakota Codified Laws
Chapter 30 - Disposition Of Appeals To Supreme Court
Section 15-30-1 - Remand to trial court to permit motion for new trial.
Section 15-30-3 - Judgment directed for party entitled to directed verdict.
Section 15-30-4 - Time for petition for rehearing--Contents, form, and filing of petition.
Section 15-30-6 - Costs allowed to prevailing party on appeal.
Section 15-30-7 - Discretionary allowance of costs on appeal.
Section 15-30-8 - Taxation of costs and damages by clerk--Notice to attorneys.
Section 15-30-8.1 - Costs--Time and manner of payment.
Section 15-30-9 - Objections to taxation of costs on appeal--Reply to objections--Decision by court.
Section 15-30-10 - Costs on petition for rehearing.
Section 15-30-11 - Remittitur of decision and record to trial court--Further proceedings.
Section 15-30-12 - Costs and damages included in remittitur to trial court.
Section 15-30-13 - Judgment in trial court for costs and damages.
Section 15-30-14 - Supreme Court judgment remitted to trial court--Final judgment in trial court.
Section 15-30-15 - Opinion of Supreme Court transmitted with papers.