How much does it cost to appeal a small claims court decision?
In South Dakota, the cost to appeal a small claims court decision depends on the size of the claim and the court level at which you are appealing the decision. Generally, appealing to the Circuit Court costs more than appealing to the Magistrate Court. In addition, appeals involving claims of $10,000 or less cost $180 while appeals involving claims of more than $10,000 cost $280. The appellant (the person filing the appeal) is responsible for the court costs associated with the appeal, including the filing fee and the cost of a transcript. The appellant is also responsible for the cost of any witness fees, such as subpoena fees. South Dakota also requires that the appellant post a bond, which is called a supersedeas or appeal bond. This bond protects the court and the respondent (the person defending the appeal) from any financial losses that may occur if the appellant fails to comply with the court’s orders. The amount of the bond is usually double the amount of the award or judgment. In addition to the filing fee, transcript fee, and witness fees, the appellant is also responsible for any court costs associated with the appeal, such as paying for a court reporter or other costs. The cost of appealing a small claims court decision in South Dakota can vary greatly, depending on the facts of each case.
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