Appellate Practice

A focused approach to appeals in South Dakota

Correcting errors in the legal system

Bringing clarity and precision to appellate cases

Not every trial ends with a fair or just outcome. Appeals exist to review trial-level decisions, ensuring that mistakes in applying the law or handling evidence don’t stand unchallenged. George Nelson brings a disciplined, detail-oriented approach to appellate work, where success depends on deep research, careful writing, and clear advocacy. Whether you need to overturn an unfavorable result or defend a hard-fought victory, we provide the strategic guidance needed to navigate South Dakota’s appellate system with confidence.

When & why to appeal

Identifying the right grounds for appellate review

An appeal is not simply a second trial—it is a structured legal review of whether the trial court made errors that affected the outcome. These errors might be misinterpretations of law, procedural mistakes, or verdicts unsupported by the record. Having an attorney who understands what appellate judges look for is crucial. We carefully evaluate the trial record to identify strong appellate issues, such as misapplied statutes, unfair evidentiary rulings, or constitutional violations. Our goal is not to reargue the entire case, but to spotlight the exact points of law that could lead to a reversal or modification of the judgment.

Appellate services

Representation tailored to your case

We provide comprehensive appellate services for individuals and businesses across South Dakota. Appeals require specialized skills and a different mindset than trial work, and our firm offers:

Civil appeals before the South Dakota Supreme Court

Challenging or defending outcomes in family law, business disputes, and personal injury cases.

Federal appeals to the Eighth Circuit

Handling cases that arise under federal law or proceed from federal trial courts.

Administrative appeals

Contesting government agency rulings that affect your rights or business operations.

Defending favorable judgments

Writing appellee briefs to protect a trial victory when the opposing party files an appeal.

No matter your role in the case, we approach appeals with thorough preparation and a strong commitment to detail.

Our appellate process

From record review to oral arguments

The appellate process is highly structured and demands precision. We begin by obtaining all trial transcripts, pleadings, and exhibits to identify potential grounds for appeal. Once those issues are identified, we prepare an honest assessment of your chances, giving you a realistic picture of the risks and benefits. If we proceed, we meticulously draft appellate briefs that blend legal research with persuasive writing designed for judges. When oral argument is granted, we present your case directly to the appellate court, answering questions and reinforcing the strength of your position. This methodical process ensures your appeal is as strong as possible at every stage.

Why choose us for your appeal

Strategic insight and careful advocacy

Appeals require a specific skill set that goes beyond trial experience. George Nelson’s reputation is built on detail-driven preparation, strategic thinking, and clear written advocacy. Unlike trial work, where emotion and witness testimony often dominate, appellate courts focus on the clarity of legal issues and the strength of legal arguments. George crafts briefs and oral arguments that distill complex cases into compelling legal points that appellate judges can act on. By choosing us, you gain not just a lawyer, but a partner dedicated to ensuring that every potential error is uncovered, explained, and presented effectively to the court.

Appeals in South Dakota – common questions

Practical guidance for clients considering appeals

  • How long do I have to file an appeal in South Dakota?

    You typically have 30 days from the entry of judgment to file a notice of appeal. This deadline is strict, and missing it usually ends your ability to appeal. For that reason, it’s critical to contact an appellate lawyer as soon as you suspect an error in your case.

  • Can new evidence be introduced on appeal?

    No. Appeals are decided strictly on the trial record—meaning the evidence, testimony, and documents presented during trial. The appellate court’s role is to review whether the trial court applied the law correctly, not to consider new facts.

  • What are my chances of winning an appeal?

    Success depends on the strength of the legal issues raised and the record itself. While appeals courts only overturn a small percentage of cases, if the trial court made clear errors, your chances improve significantly. We provide a candid assessment before moving forward so you know what to expect.

  • Can you handle an appeal if you weren’t my trial lawyer?

    Yes. In fact, many clients find it beneficial to bring in a new attorney for an appeal. A fresh set of eyes can often identify errors overlooked by trial counsel. We frequently take on appellate cases where we were not involved in the original trial.

  • How expensive is an appeal?

    Appeals are generally more about lawyer time than new court costs. The expense depends on factors such as the length of the trial record, the number of issues being appealed, and whether oral argument is scheduled. We will provide an estimate after reviewing your case and can discuss options to keep costs predictable.