In the following cases the costs of an appeal must be in the discretion of the Supreme Court:

(1) When a new trial shall be ordered;

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Terms Used In South Dakota Codified Laws 15-30-7

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) When a judgment shall be affirmed in part and reversed in part.

Source: SDC 1939 & Supp 1960, § 33.0713.