Before the expiration of the time for appeal, the appellant shall file a filing fee of ten dollars and a bond for costs on appeal or equivalent security to be approved by the court in a sum not less than one hundred dollars in any case, nor less than the amount of the judgment and costs, conditioned:

(1) To secure the payment of costs if the appeal is dismissed or the order or judgment affirmed; and

Terms Used In South Dakota Codified Laws 15-38-27

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.

(2) To satisfy the judgment if it is affirmed.

All other proceedings before the magistrate court in the matter shall cease and be stayed from the time of the filing of the undertaking.

If the appellant prevails, the court shall award the filing fee to the appellant as court costs.

Source: Supreme Court Rule 78-4, Rule 3 (a); SL 2012, ch 111, § 1.

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