Practice Areas
Trial Practice
- State Civil Litigation
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Litigation in state court refers to lawsuits that are commenced in one of the following South Dakota courts: small claims court, circuit (trial) court, or directly in the South Dakota Supreme Court (in rare cases). Common types of lawsuits filed in state court are breach of contract, actions for damages, personal injury cases, and real estate cases.
« Back To Practice Areas - Federal Civil Litigation
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Litigation in federal court is similar to litigation in state court, but federal court has different rules of procedure and is more formal than state court. Depending on the unique facts of each case, a lawsuit may be filed in federal court, state court, or either court at the option of the plaintiff. There are a total of 94 federal judicial districts, with at least one district in each state, and a special nationwide trial court called the United States Court of Federal Claims which hears many claims against the United States.
« Back To Practice Areas - Defense Litigation
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Defense litigation involves defending lawsuits that are commenced in state or federal court.
« Back To Practice Areas - Tort Liability
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A tort can be thought of as a civil wrong, or an action that violates or injures a persons property or person. Common types of tort actions, filed in either state or federal court, include negligence, assault and battery, libel or slander, products liability, and personal injury cases.
« Back To Practice Areas - Appeals
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Most decisions of the trial court at the state level, or the district court at the federal level, can be appealed to the South Dakota Supreme Court for state court cases and the Eighth Circuit Court of Appeals for cases filed in federal court. The merits of each appeal depend on the facts of each case and the decision by each judge. If a party to a lawsuit wants to appeal a decision of a trial or district court, different rules apply to each appellate court. In very rare cases, a lawsuit filed in state or federal court may be reviewed by the United States Supreme Court.
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