South Dakota § 15-6-39(a) Trial by jury.

South Dakota Statutes

§ 15-6-39(a) — Trial by jury.

South Dakota § 15-6-39(a)

Title 15CIVIL PROCEDURE

Ch. 15RULES OF PROCEDURE IN CIRCUIT COURTS

This text of South Dakota § 15-6-39(a) (Trial by jury.) 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 § 15-6-39(a) (2026).

Text

When trial by jury has been demanded as provided in § 15-6-38 , the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless:

(1)The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury, or a party waives the same by failing to appear at the trial or by proceeding to trial by the court without objecting thereto; or (2) The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of this state.

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When trial by jury has been demanded as provided in § 15-6-38 , the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless: (1) The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury, or a party waives the same by failing to appear at the trial or by proceeding to trial by the court without objecting thereto; or (2) The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of this state.