IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26A-75 RULE 06-75
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    A hearing was held on October 3, 2006, at Sioux Falls, South Dakota, relating to the amendment of SDCL 15-26A-75, and the Court having considered the proposed amendment, the correspondence and oral presentations relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 15-26A-75 be and it is hereby amended to read in its entirety as follows:

     15-26A-75.   Time for serving and filing briefs. (1) Appellant's brief. If a transcript is obtained prior to appeal, or if no transcript is ordered, the appellant's brief shall be due as follows:

             (a)      Appeals taken pursuant to § 15-26A-6: within forty-five days after service of the notice of appeal; or

     (2) Appellant's brief.. If a transcript is ordered but not received prior to appeal, or if procedures pursuant to § 15-26A-54 or 15-26A-55 are followed, the appellant's brief shall be due as follows:

             (a)      Appeals taken pursuant to § 15-26A-6: within forty-five days after service of the transcript or filing of the statements provided for in § 15-26A-54 or 15-26A-55; or

             (b)      Appeals taken pursuant to § 15-26A-6.1: within twenty-five days after service of the transcript or filings of the statements provided for in § 15-26A-54 or 15-26A-55.

     (3)(2) Appellee's brief. Appellee's The appellee's brief shall be due for service and filing as follows:

             (a)      Appeals taken pursuant to § 15-26A-6: within forty-five days after service of the appellant's brief, or in the case of multiple appellants, within forty-five days after service of the last appellant's brief; or

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             (b)      Appeals taken pursuant to § 15-26A-6.1: within twenty-five days after service of appellant's brief, or in the case of multiple appellants, within twenty-five days after service of the last appellant's brief.

     (4)(3) Appellant's reply brief. Appellant's The appellant's reply brief shall be due for service and filing as follows:

             (a)      All appeals: within fifteen days after service of the appellee's brief, or in the case of multiple appellees, within fifteen days after service of the last appellee's brief.

     In any appeal from a judgment or order in an adoption or an abuse and neglect proceeding, including a judgment or order terminating parental rights, all time periods under subdivisions (1) and (2) of this section shall be reduced to twenty-five days.

    IT IS FURTHER ORDERED that this rule shall become effective January 1, 2007.

    DATED at Pierre, South Dakota, this 14th day of December, 2006.

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