Disbursements taxed by a party, in the trial court, who did not prevail on appeal, are void. The trial court may, in its discretion, in the interest of justice, allow the taxation of disbursements by a party who prevailed in the trial court but lost the appeal.
S.D. Codified Laws § 15-17-56
Disbursements taxed by party not prevailing on appeal--Discretion of court
Applied in 2 court decisions — leading case City of Sioux Falls v. Johnson (2001)
Most recently applied in Picardi v. Zimmiond (February 2005)
Source: SL 1992, ch 148, § 21.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.