The concurrence of three judges of the Supreme Court is necessary to pronounce a decision. If three do not concur the cause must be reheard; and if on the second hearing three judges do not concur, the judgment or order appealed from must be affirmed; or, in case of an original action or proceeding, the same must be dismissed without prejudice.
S.D. Codified Laws § 15-24-4
Number of judges required for decision--Rehearing--Disposition in case of disagreement
Applied in 2 court decisions — leading case Groseth International, Inc. v. Tenneco, Inc. (1987)
Most recently applied in Fin-Ag, Inc. v. Pipestone Livestock Auction Market, Inc. (June 2008)
Source: SDC 1939 & Supp 1960, § 33.0502.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.