South Dakota § 15-26A-13 Petition for permission to take discretionary appeal.

South Dakota Statutes

§ 15-26A-13 — Petition for permission to take discretionary appeal.

South Dakota § 15-26A-13

Title 15CIVIL PROCEDURE

Ch. 15-26RULES OF CIVIL APPELLATE PROCEDURE

This text of South Dakota § 15-26A-13 (Petition for permission to take discretionary appeal.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 15-26A-13 (2026).

Text

An appeal from an intermediate order made before trial as prescribed by subdivision 15-26A-3 (6) may be sought by filing a petition for permission to appeal, together with proof of service thereof upon all other parties to the action in circuit court, with the clerk of the Supreme Court within ten days after notice of entry of such order. When a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing. The petition shall be filed with the clerk of the Supreme Court, together with the required statutory filing fees unless exempt by law.

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An appeal from an intermediate order made before trial as prescribed by subdivision 15-26A-3 (6) may be sought by filing a petition for permission to appeal, together with proof of service thereof upon all other parties to the action in circuit court, with the clerk of the Supreme Court within ten days after notice of entry of such order. When a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing. The petition shall be filed with the clerk of the Supreme Court, together with the required statutory filing fees unless exempt by law.

Legislative History

Supreme Court Rule 79-1, Rule 5 (1); SDCL Supp, § 15-26A-5; Supreme Court Rule 81-6; SL 2011, ch 245 (Supreme Court Rule 11-02), eff. July 1, 2011; SL 2023, ch 220 (Supreme Court Rule 23-03), eff. Apr. 1, 2023.