How to Appeal a Court’s Decision in South Dakota?
If your court case was held in South Dakota and you want to appeal, you can legally by following the process below. First, you need to file a notice of appeal.
Notice of Appeal
You have only thirty days following your final judgment to file an appeal. You must fill out the notice of appeal along with a docketing statement and service of the notice showing you copies all parties. Your notice of appeal needs to include the following information:
- Statement of the facts.
- Statement of the question.
- Whatever relief you are seeking.
- A concise statement of the law supporting your request.
- Reasons why the appeal should be allowed.
- Supporting documentation.
You must also request a copy of the transcript for your case at the time you file your notice of appeal.
Both sides need to prepare and present a brief that will be used in reviewing the appeal and making a decision. Your brief must include:
- A table of contents with page references.
- A list of cases which relate to your case.
- A jurisdictional statement.
- A statement of the issues.
- A statement of the facts.
- An argument with precedent and case documents to support it.
- A short conclusion.
- An appendix with all accompanying paperwork.
The appellant’s brief is due no later than forty-five days after the notice of appeal has been filed. The appellee’s brief then must be filed within forty-five days after the appellant’s brief. If you choose, you can then submit a reply brief within fifteen days of the appellee's brief.
A panel of three judges will review all the information, along with briefs and any oral arguments presented to determine the validity of the appeal. They will then come to a final opinion and let you know in writing what it is.
If you do not like the final decision, you can petition for the right to have the case reviewed again by the appellate court, or you can go higher up and take it to the Supreme Court.