There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 15-26A-60 — Appellate procedure--Brief of appellant--Contents.
15-26A-60. Appellate procedure--Brief of appellant--Contents. The brief of the appellant shall contain under appropriate headings and in the order here indicated:
(1) A table of contents, with page
references.
(2) A table of cases (alphabetically
arranged), statutes and other authorities cited, with references to
the pages of the brief where they are cited.
(3) A jurisdictional statement setting
forth the date and form of the judgment or order sought to be
reviewed, and the date when the notice of appeal was filed. This
statement must make it appear, in cases of appeal, that the order
sought to be reviewed is appealable.
(4) A concise statement of the legal issue
or issues involved, omitting unnecessary detail. Each issue shall
be stated as an appellate court would state the broad issue
presented. Each issue shall be followed by a concise statement of
how the trial court decided it, and a list of the most relevant
cases not to exceed four, and the most relevant constitutional and
statutory provisions.
(5) A statement of the case and the facts.
A statement of the case shall first be presented identifying the
trial court and the trial judge and indicating briefly the nature
of the case and its disposition in the trial court. There shall
follow a statement of facts relevant to the grounds urged for
reversal, modification, or other relief. The facts must be stated
fairly, with complete candor, and as concisely as possible. Where
it is claimed that a verdict, finding of fact, or other
determination is not sustained by the evidence, the statement must
set forth the particulars in which the evidence is claimed to be
insufficient. Each statement of a material fact shall be
accompanied by a reference to the record where such fact
appears.
(6) An argument. The argument shall
contain the contentions of the party with respect to the issues
presented, the reasons therefor, and the citations to the
authorities relied on. Each issue shall be separately presented.
Needless repetition shall be avoided.
(7) A short conclusion stating the precise
relief sought.
(8) An appendix. The appendix shall
include the judgment, order or decision in question and any
relevant written findings of fact and conclusions of law and
memorandum decision. The appendix may also include any relevant
portions of the pleadings and instructions, any other parts of the
record to which the parties wish to direct the particular attention
of the Court and items enumerated in § 15-26A-65. No
appendix shall exceed twenty pages without prior approval of the
Supreme Court. The twenty page limit shall not include the pages
necessary for the judgment, order or decision in question, or the
written findings of fact, conclusions of law and memorandum
decision required by this rule. The pages of the appendix shall be
separately numbered and the appendix shall contain a table of
contents with page references. Sections of the appendix shall be
tabbed and salient information highlighted.
Source: Supreme Court Rule 79-1, Rule 12 (1); SDCL Supp, § 15-26A-42; SL 1993, ch 391 (Supreme Court Rule 93-8); SL 2003, ch 261 (Supreme Court Rule 03-02); SL 2004, ch 315 (Supreme Court Rule 03-14), eff. Jan. 1, 2004.
Source: Supreme Court Rule 79-1, Rule 12 (1); SDCL Supp, § 15-26A-42; SL 1993, ch 391 (Supreme Court Rule 93-8); SL 2003, ch 261 (Supreme Court Rule 03-02); SL 2004, ch 315 (Supreme Court Rule 03-14), eff. Jan. 1, 2004.
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