APPENDIX OF FORMS
1. NOTICE OF APPEAL
2. NOTICE OF REVIEW
3. APPEAL TRANSCRIPTS
4. APPELLANT'S BRIEF
5. DOCKETING STATEMENT
6. ORDER FOR TRANSCRIPT
Form 1 NOTICE OF APPEAL
State of South Dakota In Circuit Court
County of ________ ________ Judicial Circuit
A.B., Plaintiff,
v. Notice of Appeal
C.D., Defendant,
To: John Jones, Attorney for Plaintiff, A.B.
Please take notice, that the defendant C.D. appeals to the Supreme Court of South Dakota from the final judgment rendered in this action on the ________ day of ________, 20 ____.
Dated this ________ day of ________, 20 ____.
____________________________
____________________________
Name and address of attorney for C.D.
(Note: The trial court caption is used on the notice of appeal, cost and supersedeas bonds, or stipulation waiving bonds. The originals and duplicate originals are filed with the clerk of the trial court. All subsequent documents are captioned in the Supreme Court and are filed with the clerk of the Supreme Court.)
Admission, certificate, or affidavit of service to be added.
Source: Supreme Court Rule 79-1, Rule 17.
Form 2 NOTICE OF REVIEW
STATE OF SOUTH DAKOTA
IN THE SUPREME COURT
A.B., Plaintiff-Appellee,
v. Notice of Review
C. D., Defendant-Appellant.
To: Smith & Smith, attorneys for defendant-appellant, C.D.
Please take notice that the plaintiff-appellee, A.B., will seek review of the order of the circuit court entered on the ________ day of ________, 20 ____, denying plaintiff's motion for new trial on the issue of damages.
Dated this ________ day of ________, 20 ____.
____________________________
____________________________
Name and address of attorney for appellee
Admission, certificate, or affidavit of service added.
Source: Supreme Court Rule 79-1, Rule 17.
MOTIONS AND STIPULATIONS Made On Ruled On
Motion by Defendant for Directed Verdict 214 216
Stipulation, unavailability of Witness 217 218
Todd K. Onnen
CROSS-EXAMINATION
Q (By MR. SUMMER) Okay. With respect to this stocking cap, is State's Exhibit Number 13 similar to the ones you sell?
A They look exactly like the ones he bought. He bought 3 of them.
Q Okay. Go through it again. It could be one that is similar to that as opposed to the actual one.
MR. LINTON: That's argumentative, Your Honor.
THE COURT: Well, he's already answered the question previously.
MR. SUMMER: What was his answer?
THE COURT: I believe he said it could be.
MR. LINTON: Wait just a minute, Your Honor. I move that answer be stricken.
THE COURT: If in fact he answered the question it will be stricken. Any further questions, Mr. Summer?
MR. SUMMER: No, Your Honor.
RE-DIRECT EXAMINATION
Q (By MR. LINTON) Sir, I'm going to hand you again State's Exhibit 13, and will you examine it and tell the Court what differences if any you see between this particular exhibit and the stocking cap you sold on January 7, 1977.
A Well, just that the way it is laying here, it's open and the ones that we have on display are folded up like this. But other than that I don't really see any difference.
Source: Supreme Court Rule 79-1, Rule 17; SL 2016, ch 242 (Supreme Court Rule 16-03, eff. July 1, 2016.
Form 4 APPELLANT'S BRIEF
Cover Page
IN THE SUPREME COURT
STATE OF SOUTH DAKOTA
A.B., Plaintiff and Appellee,
v.
C.D., Defendant and Appellant.
Appeal from the Circuit Court, First Judicial Circuit, Yankton County, South Dakota.
The Hon. ________ Judge presiding.
Appellant's Brief
Names and addresses of attorneys for Appellant and Appellee.
The notice of appeal was filed on the ________ day of ________, 20 ____.
(1) TABLE OF CONTENTS
Page
Table of authorities 2
Legal issues 3
Statement of case and facts 4
Argument 10
Conclusion 21
Source: Supreme Court Rule 79-1, Rule 17.
Form 5 DOCKETING STATEMENT
Source: SL 1988, ch 423 (Supreme Court Order 87-4); SL 1993, ch 397 (Supreme Court Rule 93-14); SL 1998, ch 301 (Supreme Court Rule 97-44).
Form 6 ORDER FOR TRANSCRIPT
STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
SS
COUNTY OF ____________ ) ____________ JUDICIAL CIRCUIT
)
)
vs. ) ORDER FOR TRANSCRIPT(S)
)
)
)
____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____
TO: COURT REPORTER(S) ____________________________________________ :
Pursuant to SDCL 15-26A-48, (name(s) of party/parties placing order) hereby orders a transcript(s) of proceedings in the above-entitled action as indicated below:
DATE OF . TYPE OF NAME OF
PROCEEDING PROCEEDING REPORTER
__________________ _ Arraignment __________________
__________________ _ Closing Statements __________________
__________________ _ Court Trial __________________
__________________ _ Jury Trial __________________
__________________ _ Motion Hearings(s) __________________
__________________ _ Opening Statement(s) __________________
__________________ _ Sentencing __________________
__________________ _ Voir Dire __________________
__________________ _ ______________ __________________
_ (Other-Specify) ___________________
As the ordering party I hereby certify that notice of appeal was filed with the trial clerk on ______________________________, and that this order is timely made within ten days of said filing date.
I also certify that pursuant to SDCL 15-26A-48, an original of this order has been transmitted to each Court Reporter who took the requested proceedings; that a copy has been filed with the trial clerk; and that service has been made upon all parties to the action as reflected in the attached certificate of service.
DATED this ______ day of __________________________, 20____ .
Source: SL 1995, ch 310 (Supreme Court Rule 95-3).