CHAPTER 292

(SCR 05-06)

In the Matter of the Amendment of SDCL 15-26A-14.


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

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IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26A-14 RULE 05-06
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    A hearing was held on February 17, 2005, at Pierre, South Dakota, relating to the amendment of SDCL 15-26A-14, 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-14 be and it is hereby amended to read in its entirety as follows:

     15-26A-14.   Contents of petition for appeal. The petition shall be captioned in the Supreme Court and entitled as in the circuit court. It shall contain:

             (1)      A statement of facts necessary to an understanding of the controlling questions of law or fact determined by the order of the circuit court understand the question presented;

             (2)      A statement of the question itself;

             (3)    The relief sought;

             (3)(4)      A concise statement, without argument, of the principles of law on which the petitioner relies, with citations of authorities to in support of the same request;

             (4)(5)      The reasons as claimed by the petitioner why the ends of justice require that an intermediate appeal should be allowed;

             (5)      A statement that the petition is not interposed for the purpose of delay; and

             (6)      A statement that no notice of entry of the order sought to be appealed was given if such is the caseOther papers and exhibits petitioner deems relevant and material; and

             (7)    All papers must conform to typeface specified in § 15-26A-66. Except by the court's permission, a petition or response may not exceed twenty pages, exclusive of the accompanying documents required by subdivisions 15-26-15(1), (2) and (3).

    IT IS FURTHER ORDERED that this rule shall become effective immediately.

    DATED at Pierre, South Dakota, this 25th day of February 2005.

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