15-30-9. Objections to taxation of costs on appeal--Reply to objections--Decision by court.
At any time within ten days after the mailing of such notice of taxation of costs, any party aggrieved may object to the same by serving written objections upon the other parties to the appeal and filing five copies of such objections with proof of service thereof with the clerk of the Supreme Court. If any relevant question of fact is raised, the party objecting shall serve and file with his objections, proof in the form of an affidavit or affidavits of the facts as claimed by him, and five additional copies of such affidavits must be filed with the clerk. The objections may be supported by such written argument or authority as the party desires to submit in support of the same. Within five days after the service of such objections, any party to the appeal may reply thereto by serving the same with answering affidavits if any on the adverse parties and filing five clear copies with the clerk of the court. Such reply may contain such argument and authority as the party may desire to submit. Upon receipt of such objections and replies, if any, and after the time for serving and filing the same has expired, the court shall consider and decide upon the same and make such order thereon as to it may seem warranted and such order shall be final and not subject to rehearing or appeal excepting that the court will at all times reserve the right to correct any actual mistake or error existing therein.
Source: SDC 1939 & Supp 1960, ยง33.0753.
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.