South Dakota Motion for Interest on an Affirmed Judgment of a Federal District Court

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Multi-State
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US-03268BG
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28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.

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FAQ

South Dakota interest rate laws generally defer to contract law. One exception is a 12 percent limit on judgments. Generally speaking, South Dakota's interest rate limit is 15 percent.

SOUTH DAKOTA A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7. A judgment may be renewed for an additional period of ten years.

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.? Breeden v. , 598 NW2d 441, 444 ( 1999).

If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...

When a party brings a claim originally in a federal district court, then either party can appeal the outcome of the trial to a federal circuit court, and, after the circuit court rules, either party can appeal to the US Supreme Court, although the Supreme Court has discretion on whether to hear it (more on that below).

Interest, Costs and Attorney's Fees Post-judgment interest is payable on all judgments at the statutory rate. SDCL §54-3-5.1. The statutory rate in South Dakota is currently 10 percent per annum. SDCL §54-3-16(2).

Calculating interest owed You input the judgment amount, date, and payment history, and the program does all the calculations for you. The calculator has the interest rate set at 10%.

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South Dakota Motion for Interest on an Affirmed Judgment of a Federal District Court