Home/South Dakota/Statutes/Title 15: CIVIL PROCEDURE/Ch. 15-38: APPEALS FROM MAGISTRATE COURT/§ 15-38-40
South Dakota Statutes

§ 15-38-40 — (Rule 7(c)) Trial de novo when verbatim record not available.

South Dakota § 15-38-40
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15-38APPEALS FROM MAGISTRATE COURT

This text of South Dakota § 15-38-40 ((Rule 7(c)) Trial de novo when verbatim record not available.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 15-38-40 (2026).

Text

When an appeal is taken to the circuit court from a judgment rendered in a magistrate court and no verbatim record of the proceedings is available, the circuit court shall direct that the case be tried de novo.

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Legislative History

Supreme Court Rule 78-4, Rule 7 (c).

Nearby Sections

15
§ 15-1-1
Definition of terms.
§ 15-1-2
Civil and criminal remedies not merged.
§ 15-1-3
Time during which action is pending.
§ 15-1-4
Procedure for acquiring signature of judge when no judge available.
§ 15-10-1
Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
§ 15-10-10
Expungement of notice of pendency--Costs on grant or denial of motion.
§ 15-10-11
Expungement provisions, liability unaffected by.
§ 15-10-2
Action pending from time of notice--Time allowed for service of summons.
§ 15-10-3
Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.
§ 15-10-4
Discharge of notice of pendency of action--Contents, acknowledgment and recording.
§ 15-10-5
Repealed
§ 15-10-6
Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.
§ 15-10-7
Expungement of notice of pendency upon motion therefor--Undertaking.
§ 15-10-8
Expungement of notice of pendency--Notice of motion--Proof considered.
§ 15-10-9
Expungement of notice of pendency--Effect.
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Bluebook (online)
South Dakota § 15-38-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-38-40.