Section 15-38-22 – (Rule 1) Right to appeal–Time for appeal.
15-38-22.(Rule 1) Right to appeal–Time for appeal. Except where an appeal is denied by law, there shall be a right of appeal to the circuit court from any final order or judgment of the magistrate court. Appeals from such final orders and judgments must be taken within ten days after the attestation and filing of […]
Section 15-38-23 – (Rule 2(a)) Contents of notice of appeal–Signature.
15-38-23.(Rule 2(a)) Contents of notice of appeal–Signature. The notice of appeal shall specify the party or parties taking the appeal, shall designate the order or judgment, or part thereof, appealed from, and shall be signed by the appellant or his attorney. Source: Supreme Court Rule 78-4, Rule 2 (a).
Section 15-38-24 – (Rule 2(b)) Service of notice of appeal on parties.
15-38-24.(Rule 2(b)) Service of notice of appeal on parties. The appellant, or his counsel, shall service the notice of appeal on counsel of record of each party other than appellant, or, if the party is not represented by counsel, on the party at his last known address. Source: Supreme Court Rule 78-4, Rule 2 (b).
Section 15-38-25 – (Rule 2(c)) Filing of notice of appeal–Proof of service.
15-38-25.(Rule 2(c)) Filing of notice of appeal–Proof of service. Before the expiration of the time of appeal, the appellant shall file the notice of appeal with the clerk of the circuit court to which the appeal is to be taken. The clerk shall not accept for filing a notice of appeal unless accompanied by a […]
Section 15-38-26 – (Rule 2(d)) Notice of appeal transmitted to magistrate.
15-38-26.(Rule 2(d)) Notice of appeal transmitted to magistrate. Upon compliance with §15-38-25 the clerk of the circuit court shall immediately transmit a certified copy of the notice of appeal to the magistrate whose order or judgment has been appealed. Source: Supreme Court Rule 78-4, Rule 2 (d).
Section 15-38-27 – (Rule 3(a)) Filing fee and cost bond required–Stay of proceedings.
15-38-27.(Rule 3(a)) Filing fee and cost bond required–Stay of proceedings. 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 […]
Section 15-38-28 – (Rule 3(b)) Waiver of bond and filing fee.
15-38-28.(Rule 3(b)) Waiver of bond and filing fee. The bond described in §15-38-27 shall be deemed waived if appellant shall file with the clerk the written consent of each appellee, and the filing fee and bond may be waived by the filing of an affidavit of indigency. Source: Supreme Court Rule 78-4, Rule 3 (b).
Section 15-38-29 – (Rule 3(c)) Failure to prosecute appeal–Dismissal.
15-38-29.(Rule 3(c)) Failure to prosecute appeal–Dismissal. Failure of an appellant to take any step other than timely service and filing of a notice of appeal does not affect the validity of the appeal, but is grounds for such action as the circuit court deems appropriate, which may include dismissal of the appeal. Source: Supreme Court […]
Section 15-38-30 – (Rule 4(a)) Forwarding record to circuit court.
15-38-30.(Rule 4(a)) Forwarding record to circuit court. Upon receipt of the notice of appeal, the clerk of court shall assemble and number the pages of all pleadings, documents, papers, and exhibits filed in the action and forward them to the clerk of the circuit court within ten days of the filing of the notice of […]