SDCL tit. 15, ch. 26A, app A to Ch. 26A, form 5 - 26A

Current through the 2024 Legislative Session

Form 5 - 26A - DOCKETING STATEMENT

IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

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) APPELLANT'S/APPELLEE'S

v.) DOCKETING STATEMENT

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SECTION A. TRIAL COURT

1. The circuit court from which the appeal is taken: ____________

2. The county in which the action is venued at the time of appeal: ______________

3. The name of the trial judge who entered the decision appealed: ______________PARTIES AND ATTORNEYS

4. Identify each party presently of record and the name, address, and phone number of the attorney for each party. (May be continued on an attached appendix.)

SECTION B. TIMELINESS OF APPEAL

(If section B is completed by an appellee filing a notice of review pursuant to SDCL 15-26A-22, the following questions are to be answered as they may apply to the decision the appellee is seeking to have reviewed.)

1. The date the judgment or order appealed from was signed and filed by the trial court: ______

2. The date notice of entry of the judgment or order was served on each party: ________

3. State whether either of the following motions was made:

a. Motion for judgment n.o.v., SDCL 15-6-50(b): ____ Yes ____ No

b. Motion for new trial, SDCL 15-6-59: ____ Yes ____ No

NATURE AND DISPOSITION OF CLAIMS

(Confine responses to questions 4 through 6 to the space provided).

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4. State the nature of each party's separate claims, counterclaims or cross-claims and the trial court's disposition of each claim (e.g., court trial, jury verdict, summary judgment, default judgment, agency decision, affirmed/reversed, etc.).

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5. Appeals of right may be taken only from final, appealable orders. See SDCL 15-26A-3 and 4.

a. Did the trial court enter a final judgment or order that resolves all of each party's individual claims, counterclaims, or cross-claims? ____ Yes ____ No

b. If the trial court did not enter a final judgment or order as to each party's individual claims, counterclaims, or cross-claims, did the trial court make a determination and direct entry of judgment pursuant to SDCL 15-6-54(b)? ____ Yes ____ No

6. State each issue intended to be presented for review. (Parties will not be bound by these statements).

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Date: ________________________ ______________________________________

Signature

Attach a copy of any memorandum opinion and findings of fact or conclusions of law supporting the judgment or order appealed from. See SDCL 15-26A-4(2).

SDCL tit. 15, ch. 26A, app A to Ch. 26A, form 5 - 26A

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).