In the Matter of the Amendment of SDCL 15-26A-60.
IN THE SUPREME COURT
STATE OF SOUTH DAKOTA
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IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26A-60 RULE 03-14
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A hearing was held on August 28, 2003, at Pierre, South Dakota, relating to the amendment
of SDCL 15-26A-60, and the Court having considered the proposed amendment, the
correspondence and oral presentations relating thereto, if any, and being fully advised in the
premises, now, therefore, it is
ORDERED that SDCL 15-26A-60 be and it is hereby amended to read in its entirety as
Appellate procedure _ Brief of appellant -- Contents.
The brief of the appellant
shall contain under appropriate headings and in the order here indicated:
A table of contents, with page references.
A table of cases (alphabetically arranged), statutes, and other authorities cited, with
references to the pages of the brief where they are cited.
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
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.
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.
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.
A short conclusion stating the precise relief sought.
Appendix, if any. Such An appendix. The
include the judgment,
order, or decision in question
any relevant written findings of fact and conclusions
of law and memorandum decision. The appendix may also include any relevant
of the pleadings
findings or opinion, and
any other parts of the record
to which the parties wish to direct the particular attention of the court, and items
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
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2004.
DATED at Pierre, South Dakota, this 29th day of September 2003.