How much time do I have to file an appeal in a small claims court case?

In South Dakota, an appeal of a small claims court judgment must be filed within 20 days of the entry of the judgment. This means that all paperwork related to an appeal must be submitted to the court within that timeframe. If an appeal is not filed within 20 days, the judgment may become final and unappealable. In South Dakota, the appeals process from small claims court is slightly different than other courts. Unlike other courts, there is no trial de novo, or a new trial, on appeal. The appeal is solely based on any errors of law that may have been committed by the small claims court judge. This means that there will be no new witnesses, evidence, or testimony allowed on appeal. If one party is appealing the small claims court judgment, then the other party must be given notice so they can participate in the appeal. The party that is appealing must make sure that the other party is properly served with the notice of appeal. If the other party is not served properly, then the appeal may be dismissed. It is important to note that all appeals must be filed through the same court that issued the judgment, as an appeal cannot be filed in the South Dakota Supreme Court. Additionally, all appeal paperwork must be completed and submitted within the 20 day time limit. If you fail to meet the deadline, the small claims court judgment may become final and unappealable.

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