State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
HOUSE BILL NO. 1160
Introduced by: Representatives Tornow, Bolin, Boomgarden, Brunner, Fargen, Gibson,
Gosch, Hansen (Jon), Hunt, Jones, Kopp, Nelson (Stace), Olson (Betty),
Rozum, and Russell and Senators Olson (Russell), Heineman, Novstrup (Al),
Peters, and Rhoden
FOR AN ACT ENTITLED, An Act to provide for the award of filing fees as court costs in
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 15-38-27 be amended to read as follows:
15-38-27. 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
(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.
180 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.063 per page.
Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by