South Dakota Codified Laws 1-26-31.1. Venue of appeal
The venue of the appeal is as follows:
(1) If the appellant is a resident of this state, to the circuit court for the county of the appellant’s residence or to the circuit court for Hughes County, as the appellant may elect;
Terms Used In South Dakota Codified Laws 1-26-31.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Venue: The geographical location in which a case is tried.
(2) If the appellant is a nonresident or a foreign corporation, to the circuit court for the county of appellant’s principal place of business in South Dakota or to the circuit court for Hughes County as the appellant may elect;
(3) The parties may stipulate for venue in any county in the state, and the circuit court for such county shall thereupon hear the appeal;
(4) An appeal from a final decision, ruling, or action rendered by an administrative appeals process adopted by a home-rule municipality shall be appealed to the circuit court in which the home-rule municipality is located.
Appeals from a single administrative action may not proceed in more than one county. If multiple appeals of a single action are filed in more than one county, the appeals shall be consolidated and heard in the county in which the appeal is first filed. If more than one appeal is first filed on the same date and a stipulation among the parties as to venue cannot be reached, the venue of the appeal is in the circuit court for Hughes County.
Source: SDC 1939 & Supp 1960, § 33.4207; SDCL § 21-33-7; SL 1975, ch 17, § 5; SL 1983, ch 8, § 1; SL 2004, ch 24, § 1; SL 2012, ch 7, § 2.