2013 South Dakota Codified Laws
Title 15 - CIVIL PROCEDURE
Chapter 38 - Appeals From Magistrate Court
§ 15-38-39 (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.
15-38-39. (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo. When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate presiding who is not law trained, the circuit court shall review the appeal as in § 15-38-38; provided, that the circuit court in its discretion, may receive further evidence, not appearing in the record or may direct that the case be tried de novo.
Source: Supreme Court Rule 78-4, Rule 7 (b).
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