§ 15-38-22 (Rule 1) Right to appeal–Time for appeal
§ 15-38-23 (Rule 2(a)) Contents of notice of appeal–Signature
§ 15-38-24 (Rule 2(b)) Service of notice of appeal on parties
§ 15-38-25 (Rule 2(c)) Filing of notice of appeal–Proof of service
§ 15-38-26 (Rule 2(d)) Notice of appeal transmitted to magistrate
§ 15-38-27 (Rule 3(a)) Filing fee and cost bond required–Stay of proceedings
§ 15-38-28 (Rule 3(b)) Waiver of bond and filing fee
§ 15-38-29 (Rule 3(c)) Failure to prosecute appeal–Dismissal
§ 15-38-30 (Rule 4(a)) Forwarding record to circuit court
§ 15-38-31 (Rule 4(b)) Correction of record
§ 15-38-32 (Rule 5(a)) Verbatim record kept by magistrate–Means of recording
§ 15-38-33 (Rule 5(b)) Order for transcript of verbatim record–Waiver by stipulation
§ 15-38-34 (Rule 5(c)) Cost of transcript
§ 15-38-35 (Rule 5(d)) Form of transcript
§ 15-38-36 (Rule 6(a)) Form of briefs
§ 15-38-37 (Rule 6(b)) Times for service and filing of briefs
§ 15-38-38 (Rule 7(a)) Scope of review on appeal from magistrate judge–Disposition of case
§ 15-38-39 (Rule 7(b)) Appeal from lay magistrate–Additional evidence–Trial de novo
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Terms Used In South Dakota Codified Laws > Title 15 > Chapter 38 - Appeals From Magistrate Court

  • 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.
  • 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.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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.
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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).
  • 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.
  • 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