There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 15-26A-87.1 — Disposition on briefs and record--Grounds--Citation of decisions restricted.
15-26A-87.1. Disposition on briefs and record--Grounds--Citation of decisions restricted. (A) After all briefs have been filed in any appeal, the Supreme Court by unanimous action may, sua sponte, enter an order or memorandum opinion affirming the judgment or order of the trial court for the reason that it is manifest on the face of the briefs and the record that the appeal is without merit because:
(1) The issues are clearly controlled by
settled South Dakota law or federal law binding upon the
states;
(2) The issues are factual and there
clearly is sufficient evidence to support the jury verdict or
findings of fact below; or
(3) The issues are ones of judicial
discretion and there clearly was not an abuse of
discretion.
(B) Notwithstanding the provision in
section (A) requiring unanimous action, an order or memorandum
opinion affirming the judgment or order of the trial court may be
entered pursuant to subsections (1) through (3) of section (A) on a
majority vote, even though the claim may have merit in the view of
the minority, provided that all justices participating in the
action shall agree that such summary disposition of the action may
be made.
(C) After all briefs have been filed in
any appeal, the Supreme Court by unanimous action may, sua sponte,
enter an order or memorandum opinion reversing the judgment or
order of the trial court for the reason that it is manifest on the
face of the briefs and the record that the order or judgment is
clearly erroneous for one or more of the following
reasons:
(1) Summary judgment was erroneously
granted because a genuine issue of material fact
exists;
(2) The judgment or order was clearly
contrary to settled South Dakota law or federal law binding upon
the states; or
(3) The issue on appeal is one of judicial
discretion and there clearly was an abuse of
discretion.
(D) Notwithstanding the provision in
section (C) requiring unanimous action, an order or memorandum
opinion reversing the judgment or order of the trial court may be
entered pursuant to subsections (1) through (3) of section (C) on a
majority vote, even though the claim may have merit in the view of
the minority, provided that all justices participating in the
action shall agree that such summary disposition of the action may
be made.
(E) A list indicating the disposition of
all decisions rendered by the Supreme Court under this section
shall be published quarterly in the Northwestern Reporter. Such
decisions shall not be cited or relied upon as authority in any
litigation in any court in South Dakota except when the decision
establishes the law of the case, res judicata or collateral
estoppel, or in a criminal action or proceeding involving the same
defendant or a disciplinary action or proceeding involving the same
person.
A petition
for rehearing of a cause decided under this section may be served
and filed pursuant to the provisions of
§ 15-30-4.
Costs in
favor of the prevailing party shall be assessed as provided in
chapter 15-30.
Source: Supreme Court Rule 81-5; Supreme Court Rule 82-20; Supreme Court Rule 82-34; Supreme Court Rule 85-3; SL 1987, ch 400 (Supreme Court Rule 86-26); Supreme Court Rule 89- 25; SL 1989, ch 700, § 1.
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