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·Title 15 CIVIL PROCEDURE·Ch. 15-38 APPEALS FROM MAGISTRATE COURT
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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South Dakota § 15-38-40 ((Rule 7(c)) Trial de novo when verbatim record not available.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Repealed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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