IN THE MATTER OF THE ADOPTION  OF A NEW RULE

RULE 95-13

Pursuant to a hearing held on October 18, 1995, at Madison, South Dakota, relating to the adoption of a new rule relating to the citation of official opinions of the South Dakota Supreme Court, the Court having considered the proposed new rule, the correspondence and oral presentations relating thereto, if any, and being fully advised in the premises, now, therefore, it is

ORDERED that the following new rule be and it is hereby adopted to read in its entirety as follows:

(1) The initial citation of any published opinion of the Supreme Court released prior to January 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the volume and page number of the South Dakota Reports or North Western Reporter in which the opinion is published. Subsequent citations within the brief, document, or memorandum shall include the page number and sufficient references to identify the initial citation.

(2) The initial citation of any published opinion of the Supreme Court released on or after January 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the calendar year in which the decision was announced, the Court designation of "SD", and a sequential number assigned by the Clerk of the Supreme Court. Citation to specific portions of the opinion shall be made to the paragraph number assigned by the Clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, document, or memorandum shall include the paragraph number and sufficient references to identify the initial citation.

When available, initial citations shall include the volume and initial page number of the North Western Reporter in which the opinion is published.

IT IS FURTHER ORDERED that this rule shall become effective January 1, 1996.

DATED at Pierre, South Dakota, this 30th day of October, 1995.

Attest:
/s/Gloria J. Engel
Clerk of the Supreme Court

(SEAL)

Examples of how to cite an initial citation of a South Dakota Supreme Court Opinion published prior to January 1, 1996, would be as follows:

Smith v. Jones, 500 NW2d 600 (SD 1994)
Black v Black, 90 SD 100, 400 NW2d 500 (1976)

Examples of how to cite a spot citation of a South Dakota Supreme Court Opinion published prior to January 1, 1996, would be as follows:

Smith v. Jones, 500 NW2d 600, 601 (SD 1994)
Smith, 500 NW2d at 601
Black v. Black, 90 SD 100, 101, 400 NW2d 500, 501 (1976); or
Black v. Black, 400 NW2d 500, 501 (1976); or
Black v. Black, 90 SD 100, 101 (1976).

Black, 90 SD at 101, 400 NW2d at 501; or
Black, 400 NW2d at 501; or Black, 90 SD at 101.

If the immediately preceding authority is a pre-January 1, 1996, opinion, cite to the page number of the reporter:

Id. at 601;
Id., 400 NW2d at 601.

Examples of how to cite an initial citation of a South Dakota Supreme Court Opinion published after January 1, 1996, would be as follows:

Before publication in North Western Reporter:

Smith v. Jones, 1996 SD 15.

After publication in North Western Reporter:

Smith v. Jones, 1996 SD 15, 600 NW2d 900.

Examples of how to cite a spot citation of a South Dakota Supreme Court Opinion published after January 1, 1996, would be as follows:

Before publication in North Western Reporter:

Smith v. Jones, 1996 SD 15, ¶21;
Smith, 1996 SD 15, ¶¶21-25.

After publication in North Western Reporter:

Smith v. Jones, 1996 SD 15, ¶21, 600 NW2d 900;
Smith, 1996 SD 15, ¶¶21-25, 600 NW2d 900.

If the immediately preceding authority is a post-January 1, 1996, opinion, cite to the paragraph number:

Id. at ¶15.

The use of the ¶ symbol in spot citations is necessary to distinguish paragraph numbers from page numbers.

© 1996, American Association of Law Libraries
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