§ 15-26A-1 Scope of rules
§ 15-26A-2 Suspension of rules
§ 15-26A-3 Judgments and orders of circuit courts from which appeal may be taken
§ 15-26A-4 Appeals of right–How taken
§ 15-26A-4.1 Amended notice of appeal
§ 15-26A-5 Affidavit of indigency in lieu of filing fee
§ 15-26A-6 Appeals–When taken
§ 15-26A-6.01 Transitional provision–Time for taking appeal
§ 15-26A-7 Orders and determinations of trial court subject to review on appeal from judgment
§ 15-26A-8 New trial motion not required for review on insufficiency of evidence or error of law
§ 15-26A-9 Matters subject to review on appeal from order denying new trial
§ 15-26A-10 Scope of review on appeal from order
§ 15-26A-11 Combining of appeals in one notice and one undertaking
§ 15-26A-12 Actions available to Supreme Court on decision
§ 15-26A-13 Petition for permission to take discretionary appeal
§ 15-26A-14 Contents of petition for appeal
§ 15-26A-15 Attachments to petition for appeal
§ 15-26A-16 Response to petition
§ 15-26A-17 Grant of permission to appeal–Procedure
§ 15-26A-18 Noncompliance with requirements and inaccurate statements as grounds for denial of appeal from intermediate order
§ 15-26A-19 Stay of further proceedings pending petition for appeal from intermediate order–Security required–Filing of order granting stay
§ 15-26A-20 Certification of record on petition for appeal from intermediate order
§ 15-26A-21 Terms imposed on unreasonable and vexatious petition for appeal from intermediate order
§ 15-26A-22 Appellee’s right to obtain review
§ 15-26A-23 Form and amount of bond or deposit for costs
§ 15-26A-24 Waiver of bond or deposit–Affidavit of indigency
§ 15-26A-25 Stay of judgment or order in circuit court–When allowed
§ 15-26A-26 Appellate procedure–Money judgment–Conditions of bond on appeal
§ 15-26A-27 Judgment directing the assignment or delivery of documents or personal property–Conditions of bond on appeal
§ 15-26A-28 Judgment directing the sale or possession of real property–Conditions of bond on appeal
§ 15-26A-29 Judgment directing execution of an instrument–Conditions of stay
§ 15-26A-30 Sale of perishable property–Deposit of proceeds
§ 15-26A-31 Conditions of bond on appeal from other judgments and orders
§ 15-26A-32 Extent of stay on filing of bond
§ 15-26A-33 Joinder of bonds
§ 15-26A-34 Notice of application for bond
§ 15-26A-35 Personal sureties–Exceptions–Justification
§ 15-26A-36 Service of bond on adverse party
§ 15-26A-37 Proceedings against sureties on bond
§ 15-26A-38 Stay of execution without bond by public agency or officer
§ 15-26A-39 Application to Supreme Court for special relief
§ 15-26A-40 New undertaking required when security insufficient–Dismissal of appeal or vacation of stay on failure to file new undertaking
§ 15-26A-41 Deposit in lieu of undertaking–Notice of deposit
§ 15-26A-42 Waiver of undertaking and deposit
§ 15-26A-43 Failure to pay after affirmance of judgment as breach of undertaking
§ 15-26A-44 Liability of sureties on dismissal of appeal
§ 15-26A-45 Damages determined by referee after affirmance by Supreme Court
§ 15-26A-46 Failure to pay damages determined by referee as breach of undertaking
§ 15-26A-47 Composition of the record on appeal
§ 15-26A-48 Order for transcript of proceedings
§ 15-26A-49 Waiver by failure to order transcript
§ 15-26A-50 Determination of parts of transcript to be included
§ 15-26A-51 Costs of transcript–Endorsement of order by reporter–Extension of time for transcript
§ 15-26A-52 Form of transcript–Number of copies–Certification
§ 15-26A-53 Duty of clerk of trial court to assemble and certify the record–Time and manner–Transmittal of index in lieu of entire record
§ 15-26A-54 Statement of the proceedings when no report was made or when the transcript is unavailable
§ 15-26A-55 Agreed statement as the record
§ 15-26A-56 Correction or modification of the record
§ 15-26A-57 Time for transmission of record–Temporary delay–Documents of unusual bulk or weight and physical exhibits–Motion for intermediate orders
§ 15-26A-58 Transmittal of record for preliminary hearing
§ 15-26A-59 Disposition of record after appeal
§ 15-26A-60 Brief of appellant–Contents
§ 15-26A-61 Brief of appellee
§ 15-26A-62 Reply brief
§ 15-26A-63 References in briefs to parties
§ 15-26A-63.1 References in briefs to children
§ 15-26A-64 References in briefs to record
§ 15-26A-65 Reproduction of statutes, ordinances, rules, regulations, etc
§ 15-26A-66 Length of briefs
§ 15-26A-67 Briefs of multiple appellants or appellees
§ 15-26A-68 Reproduction methods used for briefs
§ 15-26A-69 Printing and binding specifications for briefs
§ 15-26A-69.1 Citation of official opinions of the Supreme Court
§ 15-26A-70 Brief failing to conform to requirements–Duty of clerk of Supreme Court
§ 15-26A-70.1 Pro se filings by party represented by counsel
§ 15-26A-71 Amendment of briefs–Terms for allowance
§ 15-26A-72 Costs not allowed for extraneous matter in briefs–Expense of printing matters omitted from appellant’s brief
§ 15-26A-73 Supplemental brief with late authorities–Service on counsel
§ 15-26A-74 Brief and argument of amicus curiae
§ 15-26A-75 Time for serving and filing briefs
§ 15-26A-76 Extension of time for serving and filing briefs
§ 15-26A-77 Stipulation waiving default in filing of briefs–Court order extending time
§ 15-26A-78 Default in filing of briefs waived by court without stipulation
§ 15-26A-79 Number of copies of briefs to be served and filed
§ 15-26A-80 Consequence of failure to file briefs
§ 15-26A-81 Briefs mailed for filing–Time
§ 15-26A-82 Supreme Court calendar for oral argument–Duty of clerk
§ 15-26A-83 Time allowed for argument
§ 15-26A-84 Order and content of argument
§ 15-26A-85 Number of attorneys allowed to argue
§ 15-26A-86 Nonappearance of parties
§ 15-26A-87 Submission on briefs
§ 15-26A-87.1 Disposition on briefs and record–Grounds–Citation of decisions restricted
§ 15-26A-87.2 Motions–Answers to motions–Generally
§ 15-26A-87.3 Motion for attorney fees–Contents, form, and filing of motion
§ 15-26A-88 Physical exhibits used at argument
§ 15-26A-89 When member of court absent
§ 15-26A-90 Prehearing conference
§ 15-26A-91 Time for petition for reinstatement–Contents, form, and filing of petition
§ 15-26A-92 Enlargement of time
§ 15-26A-93 Title of chapter
§ 15-26A-A APPENDIX OF FORMS

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Terms Used In South Dakota Codified Laws > Title 15 > Chapter 26A - Rules of Civil Appellate Procedure

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2