2013 South Dakota Codified Laws
Title 15 - CIVIL PROCEDURE
Chapter 38 - Appeals From Magistrate Court
§ 15-38-27 (Rule 3(a)) Filing fee and cost bond required--Stay of proceedings.
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.
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