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SOUTH DAKOTA STATUTES AND CODES

Section 15-26A-2.1 - Emergency filings by facsimile transmission.

15-26A-2.1. Emergency filings by facsimile transmission. (1) Documents may be filed with the Supreme Court by facsimile transmission in cases of emergency, provided that prior permission has been granted by the clerk.
(2) Such emergency filings shall be made in accordance with the provisions of § 15-6-5(d) and shall have the same effect as therein provided.
(3) In cases where a facsimile has been transmitted and filed pursuant to this section, counsel must file the original, together with the appropriate number of copies, with the clerk within five business days of the date of the facsimile filing. Copies of all documents filed in accordance with this method of transmission shall be served within the time and in the manner provided for in this chapter unless otherwise directed by the court.
(4) Payment of facsimile transmission charges at the rate provided in § 15-6-5(d), photocopying charges as provided in subdivision 16-2-29.1(3), and other applicable fees shall be tendered with the original document. Transmission fees will be deposited into the state court automation fund.
(5) Failure to timely comply with the foregoing requirements may result in the imposition of sanctions, including, but not limited to, the striking of the document received by facsimile transmission.

Source: SL 1991, ch 449, § 1 (Supreme Court Rule 91-15).

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