South Dakota Codified Laws 15-26A-80. Consequence of failure to file briefs
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If an appellant fails to file his brief within the time provided by § 15-26A-75 or within the time as extended, an appellee may move for dismissal of the appeal. If an appellee fails to timely file his brief, he will not be heard at oral argument except by permission of the court. The clerk may not accept for filing any brief not timely submitted for filing.
Terms Used In South Dakota Codified Laws 15-26A-80
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Source: Supreme Court Rule 79-1, Rule 14 (4); SDCL Supp, § 15-26A-58.