SDCL tit. 15, ch. 26A, app A to Ch. 26A, form 3 - 26A

Current through the 2024 Legislative Session

Form 3 - 26A - APPEAL TRANSCRIPTS

1. Appeal transcripts shall consist of volumes of 250 pages or less, prepared on 8 1/2" x 11" white opaque paper with 25 prenumbered, double-spaced lines per page.

2. Each page shall have ruled margins with 3/4" top and bottom margins, a 1 1/2" left margin, and a 1/2" right margin.

3. The transcript shall be typed using pica type with 10 characters per inch; questions shall start with a "Q" flush at the left margin, with two spaces between "Q" and the text of the question; answers shall start with an "A" flush at the left margin with two spaces between "A" and the beginning of the text of the answer; colloquy, such as "THE COURT," "MR. JONES," etc., shall start three spaces from the left margin.

4. The pages shall be consecutively numbered throughout the entire transcript (not according to volume) located at the bottom center of each page.

5. Each volume shall be securely bound with a protective cover upon which or through which the following shall appear:

(a) a 11/2" blank space at the top of the page;

(b) the trial court name, location and case number;

(c) the case name;

(d) the type of proceeding;

(e) the date of the proceeding reported in that volume;

(f) the name of the judge before whom the proceedings occurred;

(g) appearances;

(h) the volume number and the pages included in the volume.

6. An index of witnesses, motions, and exhibits shall follow the cover page of the first volume of each transcript; each major event of the proceeding shall be listed separately and identified by the transcript page number at which it begins.

STATE OF SOUTH DAKOTA IN CIRCUIT COURT

SECOND JUDICIAL CIRCUIT

COUNTY OF MINNEHAHA Civ. # 78-1

________________________

TRANSCRIPT OF

JOHN C. DOE, Plaintiff CIVIL JURY TRIAL

v. PROCEEDINGS

RICHARD P. ROE, Volume 1 of 2

Defendant. (Pages 1 to 120; June 7, 1977)

________________________ (Pages 121 to 250; June 8, 1977)

BEFORE: THE HONORABLE JAMES M. WINSTON

Circuit Judge, and Jury at

Sioux Falls, South Dakota on

June 7, 8, 9 and 10, 1977.

________________________

APPEARANCES: For Plaintiff: Stephen S. Summer

Attorney at Law

455 Summit Drive

Sioux Falls, So. Dak.

For Defendant: Larry Linton of

Linton and Lawler

Attorneys at Law

128 Lyndale Avenue

Sioux Falls, So. Dak.

MOTIONS AND STIPULATIONS Made On Ruled On

Motion by Defendant for Directed Verdict 214 216

Stipulation, unavailability of Witness 217 218

Todd K. Onnen

EXHIBITS: Marked Offered Ruled On

#1 Revolver, Smith and Wesson 38 56 58

#2 Photograph 74 98 98

#3 Photograph 156 184 185

#4 Blueprint 251 253 253

#5 Deposition (Todd K. Onnen) 217 382 384

VERDICT: page 475

CROSS-EXAMINATION

Q (By MR. SUMMER) Okay. With respect to this stocking cap, is State's Exhibit Number 13 similar to the ones you sell?

A They look exactly like the ones he bought. He bought 3 of them.

Q Okay. Go through it again. It could be one that is similar to that as opposed to the actual one.

MR. LINTON: That's argumentative, Your Honor.

THE COURT: Well, he's already answered the question previously.

MR. SUMMER: What was his answer?

THE COURT: I believe he said it could be.

MR. LINTON: Wait just a minute, Your Honor. I move that answer be stricken.

THE COURT: If in fact he answered the question it will be stricken. Any further questions, Mr. Summer?

MR. SUMMER: No, Your Honor.

RE-DIRECT EXAMINATION

Q (By MR. LINTON) Sir, I'm going to hand you again State's Exhibit 13, and will you examine it and tell the Court what differences if any you see between this particular exhibit and the stocking cap you sold on January 7, 1977.

A Well, just that the way it is laying here, it's open and the ones that we have on display are folded up like this. But other than that I don't really see any difference.

SDCL tit. 15, ch. 26A, app A to Ch. 26A, form 3 - 26A

Supreme Court Rule 79-1, Rule 17; SL 2016, ch 242 (Supreme Court Rule 16-03, eff. July 1, 2016.