A motion for appellate attorney fees in actions where such fees may be allowable must comply with the following requirements:

(1) The motion must be accompanied by a verified, itemized statement of legal services rendered, said statement to be exclusive of costs allowable under § 15-30-6;

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Terms Used In South Dakota Codified Laws 15-26A-87.3

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.

(2) The motion must be served and filed prior to submission of the action on its merits; and

(3) The motion and itemized statement, together with proof of service thereof, must be submitted for filing.

Consideration of a motion for attorney fees will be held in abeyance until such time as the action is considered on its merits.

Source: SL 1996, ch 317; SL 2023, ch 225 (Supreme Court Rule 23-08), eff. Apr. 1, 2023.