CHAPTER 15-30
DISPOSITION OF APPEALS TO SUPREME COURT
15-30-1 Remand to trial court to permit motion for new trial.
15-30-2 Reversal, affirmance or modification of judgment or order appealed from--Entry of new judgment or order--New trial--Part of judgment or order appealed from.
15-30-3 Judgment directed for party entitled to directed verdict.
15-30-4 Time for petition for rehearing--Contents, form, and filing of petition.
15-30-5 Briefs and argument when rehearing granted--Notice to attorneys of action on petition.
15-30-6 Costs allowed to prevailing party on appeal.
15-30-7 Discretionary allowance of costs on appeal.
15-30-8 Taxation of costs and damages by clerk--Notice to attorneys.
15-30-8.1 Costs--Time and manner of payment.
15-30-9 Objections to taxation of costs on appeal--Reply to objections--Decision by court.
15-30-10 Costs on petition for rehearing.
15-30-11 Remittitur of decision and record to trial court--Further proceedings.
15-30-12 Costs and damages included in remittitur to trial court.
15-30-13 Judgment in trial court for costs and damages.
15-30-14 Supreme Court judgment remitted to trial court--Final judgment in trial court.
15-30-15 Opinion of Supreme Court transmitted with papers.
15-30-16 Repealed by SL 2012, ch 254 (Supreme Court Rule 11-17), eff. Aug. 24, 2011.
15-30-1. Remand to trial court to permit motion for new trial.
Whenever, after appeal to the Supreme Court, it shall appear to the satisfaction of the Supreme Court upon application of a party that the ends of justice require that such party should be permitted to make a motion for a new trial for a cause set forth in subdivision 15-6-59(a)(1), (2), (3), or (4), and that sufficient excuse exists for not having made said motion prior to the appeal, the Supreme Court may remand the record to the trial court for the purpose of making such motion, but no such remand shall be made unless such motion can be made and hearing thereon had in the trial court within sixty days from and after the date on which the time for appeal commences unless the Supreme Court extends the time for good cause shown.
Source: SDC 1939 & Supp 1960, § 33.0711; Supreme Court Rule 84-4; SL 2022, ch 256 (Supreme Court Rule 22-03), eff. Feb. 1, 2022.
15-30-2. Reversal, affirmance or modification of judgment or order appealed from--Entry of new judgment or order--New trial--Part of judgment or order appealed from.
Upon an appeal from a judgment or order, the Supreme Court may reverse, affirm, or modify the judgment or order, and may direct the entry of such judgment or order as the court deems required by the record, as to any or all of the parties; and may, if necessary or proper, order a new trial; and if the appeal is from a part of the judgment or order, may reverse, affirm, or modify as to the part appealed from.
Source: SDC 1939 & Supp 1960, § 33.0730.
15-30-3. Judgment directed for party entitled to directed verdict.
The Supreme Court on appeal from an order granting a new trial, or upon a review of an order denying a new trial in the action in which such motion was made, or on appeal from the judgment, may order and direct judgment to be entered in favor of the party who was entitled to have such verdict directed in his or its favor, whenever it shall appear from the testimony that the party was entitled to have such motion granted.
Source: SDC 1939, § 33.1705; Supreme Court Rule adopted May 25, 1951.
15-30-4. Time for petition for rehearing--Contents, form, and filing of petition.
A petition for the rehearing of a cause heard on appeal to the Supreme Court may be served and filed within twenty days after the date of filing of the formal opinion or the order of summary disposition. Any party may serve and file answer thereto within ten days after service of the petition. The petition shall state briefly the ground upon which a rehearing is asked and the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the printed record and to the authorities relied upon. The petition and answer may be typewritten.
Source: SDC 1939 & Supp 1960, § 33.0751; SL 1991, ch 429 (Supreme Court Rule 90-06); SL 2023, ch 231 (Supreme Court Rule 23-14), eff. Apr. 1, 2023.
15-30-5. Briefs and argument when rehearing granted--Notice to attorneys of action on petition.
If a rehearing be granted, the Supreme Court in its order will prescribe the form and time of service of briefs or provide for oral argument as may seem appropriate to the case. The clerk of the court shall notify the attorneys of record by mail of the action of the court granting or denying a petition for rehearing.
Source: SDC 1939 & Supp 1960, § 33.0751.
15-30-6. Costs allowed to prevailing party on appeal.
Costs on appeal to the Supreme Court shall be allowed to the prevailing party in civil actions and special proceedings, provided, however, that the cost of printing or reproducing briefs as set out in (3) and the cost of transcripts as set out in (4) are recoverable only if the required proof of such costs is filed with the clerk of the Supreme Court prior to entry of the court's decision. Allowable costs are set out as follows:
(1) The amount of the statutory fees of the clerk of the Supreme Court and the clerk of the trial court;
(2) For argument in the Supreme Court, thirty dollars;
(3) For printing of brief, exclusive of any appendix thereto, when printed to conform to the rules of the Supreme Court, not to exceed two dollars and fifty cents per page, or for reproduction of brief by other approved method, not to exceed fifteen cents per page times the number of necessary copies not to exceed twenty unless necessary to meet service and filing requirements, provided that the costs taxed for printing or reproducing a brief shall not exceed the actual cost thereof, which actual cost is to be evidenced by an affidavit of counsel setting out the necessary number of briefs reproduced, the number of pages per brief, and the actual per page cost;
(4) The cost of the original and two copies of the transcript necessarily procured for the purpose of an appeal record, if the same has not heretofore been taxed as costs in the trial court, such cost to be evidenced by a copy of the reporter's bill and an affidavit of counsel stating that the cost of the transcript has not been taxed in the trial court; and
(5) When a judgment is affirmed the court may, in its discretion, also award damages for the delay, not to exceed ten percent of the amount of the judgment.
Source: SDC 1939, § 33.0712; SL 1951, ch 184; SL 1961, ch 180; SL 1980, ch 167, § 1; Supreme Court Rule 85-1; SL 1992, ch 367 (Supreme Court Rule 92-2).
15-30-7. Discretionary allowance of costs on appeal.
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;
(2) When a judgment shall be affirmed in part and reversed in part.
Source: SDC 1939 & Supp 1960, § 33.0713.
15-30-8. Taxation of costs and damages by clerk--Notice to attorneys.
Immediately upon filing in the office of the clerk of the Supreme Court of any opinion, decision, or judgment of the court by virtue of which any costs or damages for delay are awarded or become due as a matter of law to either party, the clerk of the Supreme Court shall compute such costs in the amounts provided by statute and from the receipted vouchers or statements of costs filed by the parties, and shall thereupon tax such costs in favor of the party entitled thereto.
The clerk of the Supreme Court shall immediately thereafter notify the attorneys of record by mail of such taxation of costs specifying the items and amounts of each as determined by him and specifying the names of the parties in favor of and against whom such costs are taxed.
Source: SDC 1939 & Supp 1960, § 33.0753.
15-30-8.1. Costs--Time and manner of payment.
Costs taxed by the Supreme Court are payable upon the expiration of twenty days from the date of the notice of taxation if no petition for rehearing has been filed. The payment for the costs shall be made payable to the prevailing party and transmitted to the clerk of the trial court. Upon receipt of the payment, the clerk shall mark the Supreme Court cost judgment satisfied and transmit the payment for the assessed costs to counsel for the prevailing party, or if the prevailing party has no counsel, directly to the prevailing party.
If a petition for rehearing is granted, costs taxed are not payable until twenty days have expired from the date of the decision entered on the rehearing.
Source: Supreme Court Rule 80-7; SL 1984, ch 12, § 13; SL 1987, ch 29, § 76; SL 1991, ch 437 (Supreme Court Rule 91-3).
15-30-9. Objections to taxation of costs on appeal--Reply to objections--Decision by court.
At any time within ten days after the mailing of such notice of taxation of costs, any party aggrieved may object to the same by serving written objections upon the other parties to the appeal and filing such objections with proof of service thereof with the clerk of the Supreme Court. If any relevant question of fact is raised, the party objecting shall serve and file with the objections, proof in the form of an affidavit or affidavits of the facts as claimed by the party. The objections may be supported by such written argument or authority as the party desires to submit in support of the same. Within five days after the service of such objections, any party to the appeal may reply thereto by serving the same with answering affidavits if any on the other parties and filing the reply with the clerk of the court. Such reply may contain such argument and authority as the party may desire to submit. Upon receipt of such objections and replies, if any, and after the time for serving and filing the same has expired, the court shall consider and decide upon the same and make such order thereon as to it may seem warranted and such order shall be final and not subject to rehearing or appeal excepting that the court will at all times reserve the right to correct any actual mistake or error existing therein.
Source: SDC 1939 & Supp 1960, § 33.0753; SL 2023, ch 232 (Supreme Court Rule 23-15), eff. Apr. 1, 2023.
15-30-10. Costs on petition for rehearing.
In the event that a petition for rehearing of the appeal be filed, the final determination of the costs and return of the same to the trial court in the remittitur shall conform to the decision on the petition for rehearing, and such additional costs as may accrue from the petition for rehearing, if granted, shall be determined likewise and taxed by the clerk or by the order of the court, if objections be made to the determination of the clerk.
Source: SDC 1939 & Supp 1960, § 33.0753.
15-30-11. Remittitur of decision and record to trial court--Further proceedings.
When the action or proceeding has been finally disposed of in the Supreme Court, certified copies of its judgment or decision, and the settled record on appeal shall be remitted to the court from which the appeal was taken, and further proceedings shall be had in accordance therewith.
Source: SDC 1939 & Supp 1960, § 33.0752.
15-30-12. Costs and damages included in remittitur to trial court.
The remittitur as returned by the clerk of the Supreme Court to the clerk of the trial court shall contain a statement of the final award of costs and damages, if any.
Source: SDC 1939 & Supp 1960, § 33.0753.
15-30-13. Judgment in trial court for costs and damages.
Upon the decision of any appeal in a civil action or proceeding by the Supreme Court and filing of the remittitur with the clerk of the court from which the appeal was taken, such clerk shall forthwith enter the judgment in favor of the successful party for the amount of any costs and damages for delay which he may have recovered in the Supreme Court and such judgment shall have the same force and effect as if rendered by the court from which the appeal was taken.
Source: SDC 1939 & Supp 1960, § 33.1713.
15-30-14. Supreme Court judgment remitted to trial court--Final judgment in trial court.
In all cases the Supreme Court shall remit its judgment or decision to the court from which the appeal was taken, to be enforced accordingly; and if from a judgment, final judgment shall thereupon be entered in the court below in accordance therewith, except where otherwise ordered.
Source: SDC 1939 & Supp 1960, § 33.0730.
15-30-15. Opinion of Supreme Court transmitted with papers.
The clerk of the Supreme Court shall in all cases, except when the order or judgment is affirmed, also transmit with the papers so returned by him a certified copy of the opinion of the Supreme Court.
Source: SDC 1939 & Supp 1960, § 33.0730.
15-30-16. Repealed by SL 2012, ch 254 (Supreme Court Rule 11-17), eff. Aug. 24, 2011.
