South Dakota § 15-26A-40 - New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking.
Full text of South Dakota South Dakota Codified Laws § 15-26A-40 — New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking., with citation guidance and answers to common questions.
§ 15-26A-40. New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking.
The Supreme Court, upon satisfactory proof that any surety to an undertaking given under this title has become insolvent, or that his circumstances have become so precarious that there is reason to apprehend that the undertaking is insufficient security, may in its discretion require the appellant to file and serve a new undertaking, with such sureties and in such time as shall be prescribed, and that in default thereof the appeal shall be dismissed or the stay of proceedings vacated, and the execution or performance of the judgment or order be allowed to be enforced without further delay.
Source: SDC 1939 & Supp 1960, § 33.0725; SDCL, § 15-28-4.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 15-26A-40
What does South Dakota Codified Laws § 15-26A-40 cover?
Section 15-26A-40 ("New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 15-26A-40?
A common citation format is "South Dakota Codified Laws § 15-26A-40" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 15-26A-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.