There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 15 CIVIL PROCEDURE
Chapter 06. Rules Of Procedure In Circuit Courts
§15-6-39(b) Trial by the court.
SD Codified L § 15-6-39(B) (through 2012) What's This?
15-6-39(b). Trial by the court. Issues not demanded for trial by jury as provided in § 15-6-38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.
Source: SD RCP, Rule 39 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
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