COURT RULES SUPREME COURT OF SOUTH DAKOTA RULE 1. DUTIES OF CLERK OF THE SUPREME Court. The clerk of this court shall keep a complete record of all proceedings of the court, and shall perform all the duties pertaining to his office. He must not allow any written opinion of the court, or any original record or paper pertaining to his office, to be taken therefrom by any person, except a judge of this court or the supreme court reporter, without an order from the court or one of the judges thereof. He shall promptly announce every decision rendered, to one of the attorneys on each side, except when such attorneys are in attendance upon the court; and shall send an uncertified copy of the opinion to one of the attorneys upon each side. RULE 2. DUTIES OF LIBRARIAN OF SUPREME COURT. The librarian of this court is forbidden under any circumstances to allow the removal from the State Capitol Building of any book in his custody as librarian. RULE 3. DUTIES OF CLERKS OF TRIAL COURTS. judge thereof or from the trial court, or of a notice from the appellant, transmit to this court the settled record. (c) Transmission of Settled Record in Criminal Cases. The clerk of the court from which an appeal has been taken in a criminal action shall, within thirty days after the filing of the notice of appeal in his office-providing the settled record had been completed at the time of the filing of such notice of appeal, and within thirty days after the completion of such settled recordif the same had not been completed at the time of the filing of the notice of appeal,transmit to this court, in every such case appealed, the original notice of appeal, to which there shall be annexed and returned the settled record in such action. (d) Duty of Clerk of the Trial Court in Preparation of Settled Record in Criminal Actions. The clerk of the trial court, in preparing the settled record in a criminal action, shall include in such settled record, as the judgment roll, the original or copies of the following papers: the indictment or information, the minutes of the plea or demurrer, the charges given or refused and the endorsements if any thereon, the verdict, and the judgment; and the clerk shall the settled record at the time the same is see that such judgment roll forms a part of certified to by the trial judge. RULE 4. RECORDS UPON APPEAL. Every action or proceeding of a civil nature brought to this court upon appeal, must be presented herein, by each party thereto, (a) Transmission of Copy of Notice of Ap peal and Appcal Fee. The clerk of the court from which any appeal, in an action either civil or criminal, is taken shall, within five days from the perfecting of such appeal, transmit to this court a certified copy of the notice of appeal, showing date of service of such notice as well as the date of filing the same. Such clerk shall transmit with such notice the fee of the clerk of the supreme court upon appeal; and, if the set-upon a printed book or record to be known tled record has been completed at the time of the giving of the notice of appeal, the clerk shall also transmit with such notice and fee, a statement showing the time when the settled record was completed. If such settled record has not been completed at the time of such appeal, the clerk of the trial court shall forthwith, upon the completed settlement of such record, send a written notice to the clerk of the supreme court giv-companied by a complete index of the coning date of such settlement. as a brief. Such brief shall contain any statement or abstract of the record required under rules 5, 6, 7, and 8 hereof, which statement of abstract must precede, and be separate and distinct from the brief of authorities and argument therein contained. Every brief, whether filed by appellant or respondent, if such brief contains a statement or abstract of the record, must be ac tents of such statement or abstract. When(b) Transmission of Settled Record in Civil ever this court shall be satisfied that appelCases. The clerk of the court from which lant has knowingly and wilfully so prepared an appeal has been taken in a civil action his brief that the same contains an unfair or proceeding shall forthwith, upon receipt or incomplete statement of those portions of of an order from the supreme court or a the settled record necessary to a proper con brief shall make careful reference to the pages of the settled record, showing clearly the page or pages of such record wherein is to be found that upon which each of the said alleged errors is based. sideration of the assignments of error con- | rial evidence received upon the trial. Such tained in his brief,-or whenever this court shall be satisfied that either party has, in any other respect, wilfully disregarded the spirit of this or any other rule in the preparation of his brief,-it will, in its discretion, reject such brief in whole or in part, or refuse to tax any costs for preparation of same, or both reject and refuse to tax costs for same. RULE 5. ASSIGNMENTS OF ERROR. Every assignment of error, upon which an appellant intends to rely in this court, must be presented in his printed brief as a part of his statement or abstract of the record, and any assignment not so presented may be deemed abandoned; such assignment need follow no stated form, but must, in a way as specific as the case will allow, point out the errors objected to, and only such as appellant expects to rely on and ask this court to examine. Among several points in a demurrer, in a motion, in the instructions, or in other rulings excepted to, it must designate which is relied on as error, and the court will, in its discretion, regard those errors only which are assigned with the requisite exactness. Each assignment of error-except one assigning as error the denying of a new trial-shall clearly refer by number to the corresponding specification of error and shall also state the page of the settled record where such specification is to be found. RULE 6. BRIEFS-NUMBER OF COPIES AND TIME OF In all civil causes the appellant shall, within thirty days after notice of appeal,unless the settled record has not at the time of notice of appeal been completed, and in such case within thirty days after the completion of the settled record,-serve upon counsel for each opposing party one copy and transmit to the clerk of this court at least fifteen copies of his brief upon appeal. Such brief shall contain, besides any citation of authorities and argument, a clear, concise, and condensed statement of the contents of such part or parts of the settled record as may be necessary to present fully to this court the errors assigned and to show that they are prejudicial to appellant, setting forth so much thereof only as is necessary to a full understanding of all the questions presented to this court for decision; provided, however, that whenever the appellant shall seek to rely upon an assignment to the effect that the evidence was insufficient to support the verdict, finding, or other decision, he shall cause it to affirmatively appear that the said statement in his brief contains a statement of all the mate The following may be taken as a guide in the preparation of such statement: Title of Cause of Action. The plaintiff in his complaint states his cause of action as follows: (Set out such part, if any, of the complaint as may be necessary to an understanding of the questions to be presented to this court. In setting out exhibits omit all merely formal or irrelevant parts, as for example, if the exhibit be a deed or mortgage and no question is raised as to the acknowledgment, omit the acknowledguseless to encumber the record with the summent. When the defendant has appeared it is mons or the return of the officer.) Demurrer. To which complaint the defendant demurred, setting up the following grounds: ...... ....... (State only the grounds of the demurrer, omitting all formal parts. If the pleading was attacked by motion below and the ruling thereon is one of the questions to be considered, set out the motion in the same way and continue.) And on the day of 19.., the same was submitted to the court, and the court made the following ruling thereon: (Here set out the ruling. In every instance let the statement be made in the chronological order of the events in the case,-letting each ruling appear in the proper connection. If the right to appeal from these rulings, no mention defendant pleaded over, and thereby waived his of them should be made in the statement; but it should continue.) Answer. Which complaint the defendant answered, setting up the following defenses: (Here set out the defenses, omitting all formal parts. If motions or demurrer were interposed to the answer, proceed as directed with reference to the complaint. Frame the record so that it will properly present all questions to be reviewed and raised before issue is joined. When the record shows issue joined, proceed.) On the day of 19.., said cause was tried by a jury (or the court, as the case may be) and on the trial the following proceedings were had: (Set out so much of the settled record as is necessary to show the rulings of the court to which exceptions were taken during the progpart thereof, be embraced in the settled record. ress of the trial; and if the evidence, or any epitomize the same carefully so as to present only the matter in regard to which error is alleged.) Instructions. At the proper time the plaintiff (or the defendant, as the case may be) asked the court to give each of the following instructions to the jury: (Set out the instructions referred to and continue.) tion, to which several rulings the plaintiff (or defendant) at the proper time excepted. Which the court refused as to each instruc Thereupon the court gave the following instructions to the jury: (Set out the instructions.) To the giving of those numbered (give the numbers, if numbered) or, (if not numbered) to |