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S.D. Codified Laws § 15-26A-87.3

Motion for attorney fees--Contents, form, and filing of motion

Applied in 85 court decisions — leading case Eagle Ridge Estates Homeowners Ass'n v. Anderson (2013)

Most recently applied in Anderson v. Streeter (March 2026)

Source: SL 1996, ch 317; SL 2023, ch 225 (Supreme Court Rule 23-08), eff

How often courts cite this section

1997200020102020202690
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A motion for appellate attorney fees in actions where such fees may be allowable must comply with the following requirements:

(1) The motion must be accompanied by a verified, itemized statement of legal services rendered, said statement to be exclusive of costs allowable under § 15-30-6;

(2) The motion must be served and filed prior to submission of the action on its merits; and

(3) The motion and itemized statement, together with proof of service thereof, must be submitted for filing.

Consideration of a motion for attorney fees will be held in abeyance until such time as the action is considered on its merits.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.