15-38-22. (Rule 1) Right to appeal--Time for appeal.

Except where an appeal is denied by law, there shall be a right of appeal to the circuit court from any final order or judgment of the magistrate court. Appeals from such final orders and judgments must be taken within ten days after the attestation and filing of the order or judgment appealed from.

Source: Supreme Court Rule 78-4, Rule 1.

15-38-23. (Rule 2(a)) Contents of notice of appeal--Signature.

The notice of appeal shall specify the party or parties taking the appeal, shall designate the order or judgment, or part thereof, appealed from, and shall be signed by the appellant or his attorney.

Source: Supreme Court Rule 78-4, Rule 2 (a).

15-38-24. (Rule 2(b)) Service of notice of appeal on parties.

The appellant, or his counsel, shall service the notice of appeal on counsel of record of each party other than appellant, or, if the party is not represented by counsel, on the party at his last known address.

Source: Supreme Court Rule 78-4, Rule 2 (b).

15-38-25. (Rule 2(c)) Filing of notice of appeal--Proof of service.

Before the expiration of the time of appeal, the appellant shall file the notice of appeal with the clerk of the circuit court to which the appeal is to be taken. The clerk shall not accept for filing a notice of appeal unless accompanied by a proof of service of a conformed copy thereof on each party other than the appellant.

Source: Supreme Court Rule 78-4, Rule 2 (c).

15-38-26. (Rule 2(d)) Notice of appeal transmitted to magistrate.

Upon compliance with § 15-38-25 the clerk of the circuit court shall immediately transmit a certified copy of the notice of appeal to the magistrate whose order or judgment has been appealed.

Source: Supreme Court Rule 78-4, Rule 2 (d).

15-38-27. (Rule 3(a)) Filing fee and cost bond required--Stay of proceedings.

Before the expiration of the time for appeal, the appellant shall file a filing fee of ten dollars and a bond for costs on appeal or equivalent security to be approved by the court in a sum not less than one hundred dollars in any case, nor less than the amount of the judgment and costs, conditioned:

(1)    To secure the payment of costs if the appeal is dismissed or the order or judgment affirmed; and

(2)    To satisfy the judgment if it is affirmed.

All other proceedings before the magistrate court in the matter shall cease and be stayed from the time of the filing of the undertaking.

If the appellant prevails, the court shall award the filing fee to the appellant as court costs.

Source: Supreme Court Rule 78-4, Rule 3 (a); SL 2012, ch 111, § 1.

15-38-28. (Rule 3(b)) Waiver of bond and filing fee.

The bond described in § 15-38-27 shall be deemed waived if appellant shall file with the clerk the written consent of each appellee, and the filing fee and bond may be waived by the filing of an affidavit of indigency.

Source: Supreme Court Rule 78-4, Rule 3 (b).

15-38-29. (Rule 3(c)) Failure to prosecute appeal--Dismissal.

Failure of an appellant to take any step other than timely service and filing of a notice of appeal does not affect the validity of the appeal, but is grounds for such action as the circuit court deems appropriate, which may include dismissal of the appeal.

Source: Supreme Court Rule 78-4, Rule 3 (c).

15-38-30. (Rule 4(a)) Forwarding record to circuit court.

Upon receipt of the notice of appeal, the clerk of court shall assemble and number the pages of all pleadings, documents, papers, and exhibits filed in the action and forward them to the clerk of the circuit court within ten days of the filing of the notice of appeal.

Source: Supreme Court Rule 78-4, Rule 4 (a); SL 1994, ch 157, § 4.

15-38-31. (Rule 4(b)) Correction of record.

If anything material to either party is omitted from the record or is misstated therein, the parties by stipulation, or the magistrate or circuit court, on motion by a party or on its own initiative, may direct the record be corrected.

Source: Supreme Court Rule 78-4, Rule 4 (b).

15-38-32. (Rule 5(a)) Verbatim record kept by magistrate--Means of recording.

Except in small claims proceedings, a verbatim record of all proceedings and evidence at trials before a magistrate shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct, but if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically.

Source: Supreme Court Rule 78-4, Rule 5 (a).

15-38-33. (Rule 5(b)) Order for transcript of verbatim record--Waiver by stipulation.

When an appeal is taken, the appellant shall petition the circuit court for an order that a transcript of the verbatim record of the proceedings be prepared. The transcript shall be filed within thirty days of the service of the order upon the court reporter. The transcript may be waived by the filing of a stipulation between the appellant and all appellees dispensing with its preparation.

Source: Supreme Court Rule 78-4, Rule 5 (b); Supreme Court Rule 80-14.

15-38-34. (Rule 5(c)) Cost of transcript.

The cost of the preparation of the transcript shall be paid by the appellant upon the filing of the same.

Source: Supreme Court Rule 78-4, Rule 5 (c).

15-38-35. (Rule 5(d)) Form of transcript.

The transcript shall be prepared in the form and manner prescribed for transcripts in appeals to the Supreme Court.

Source: Supreme Court Rule 78-4, Rule 5 (d).

15-38-36. (Rule 6(a)) Form of briefs.

The briefs shall be prepared in the form and manner prescribed for appeals to the Supreme Court unless otherwise set by rule of the circuit court.

Source: Supreme Court Rule 78-4, Rule 6 (a).

15-38-37. (Rule 6(b)) Times for service and filing of briefs.

Unless the times are shortened by the circuit court, the appellant shall serve and file his brief within thirty days after the filing of the transcript or within thirty days after notice of appeal where there is no transcript. The appellee shall serve and file his brief within thirty days after service of appellant's brief; and appellant may serve and file a reply brief within ten days after service of appellee's brief.

Source: Supreme Court Rule 78-4, Rule 6 (b).

15-38-38. (Rule 7(a)) Scope of review on appeal from magistrate judge--Disposition of case.

When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate judge presiding, the circuit may review all matters appearing in the record relevant to the question of whether the judgment appealed from is erroneous; the circuit court may affirm, reverse, remand, or modify the judgment.

Source: Supreme Court Rule 78-4, Rule 7 (a).

15-38-39. (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.

When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate presiding who is not law trained, the circuit court shall review the appeal as in § 15-38-38; provided, that the circuit court in its discretion, may receive further evidence, not appearing in the record or may direct that the case be tried de novo.

Source: Supreme Court Rule 78-4, Rule 7 (b).

15-38-40. (Rule 7(c)) Trial de novo when verbatim record not available.

When an appeal is taken to the circuit court from a judgment rendered in a magistrate court and no verbatim record of the proceedings is available, the circuit court shall direct that the case be tried de novo.

Source: Supreme Court Rule 78-4, Rule 7 (c).