A petition for reinstatement of an appeal dismissed by the Supreme Court may be served and filed within twenty days after entry of the order of dismissal. The petition shall state briefly the ground upon which the reinstatement is sought and any underlying circumstances relevant to the dismissal. Copies of relevant affidavits, documents, and correspondence may be attached to the petition. The petition shall be filed with the clerk of the Supreme Court. Any party may serve and file answer thereto within ten days after service of the petition.

Terms Used In South Dakota Codified Laws 15-26A-91

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:

Source: Supreme Court Rule 80-4; SL 2023, ch 226 (Supreme Court Rule 23-09), eff. Apr. 1, 2023.

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