Motion to Alter or Reconsider Decision or Order in South Dakota

“We have described a motion to reconsider as ‘an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.’” (Jensen v. Lincoln County Bd. of Com'rs, 718 N.W.2d 606, 614 p[S.D. 2006] quoting People ex rel. S.M.D.N., 2004 SD 5, ¶ 7, 674 N.W.2d 516, 517 [citation omitted].) “The same reasoning applies to a motion for a rehearing.” (Id.)

Timeline for Motions to Reconsider

In South Dakota, “pursuant to SDCL 15-6-58, an order becomes effective when reduced to writing, signed by the court or judge, attested by the clerk and filed in his office.” (Moore v. Michelin Tire Company, Inc., 603 N.W.2d 513, 525 [S.D. 1999] quoting Mushitz v. First Bank of South Dakota, 457 N.W.2d 849, 857 [SD 1990].)

“Orders are required to be in writing because the trial court may change its ruling before the order is signed and entered .... A trial court has the inherent power to reconsider and modify an order any time prior to entry of judgment....Thus, the Court may depart from an earlier holding if it is convinced that the holding is incorrect.” (Moore v. Michelin Tire Company, Inc., 603 N.W.2d 513, 525 [S.D. 1999][internal citations omitted].)

Timeline for Motions to Amend Judgments

“A civil action in South Dakota is commenced when service is made upon the adverse party....SDCL 15-6-60(b) requires a motion to amend the judgment be made within a reasonable time, at most one year after the judgment. Such a motion is made — the action on that motion is commenced — when it is served upon the adverse party.” (Crothers v. Crothers, 630 N.W.2d 103, 106 [S.D. 2001] quoting SDCL 15-6-3; 15-2-30; 15-2-31; SDCL 15-6-3.)

Appealing a Dismissal of a Motion to Reconsider

“Procedurally, an order dismissing a motion to reconsider entered by the circuit court does not create a new avenue for appeal.” (In Interest of S.M.D.N, 674 N.W.2d 516, 517 [S.D. 2004] citing SDCL 15-26A-3.) “A motion for reconsideration is not a separate and appealable order. Rather, it is ‘an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.’” (In Interest of S.M.D.N, 674 N.W.2d 516, 517 [S.D. 2004] citing Breeden v. Nebraska Methodist Hospital, 598 N.W.2d 441, 444 [Neb 1999].)