2013 South Dakota Codified Laws
Title 15 - CIVIL PROCEDURE
Chapter 39 - Small Claims Procedure
§ 15-39-56 Jury trial and appeal waived by plaintiff--Right to jury trial if action removedby defendant.
15-39-56. Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant. A plaintiff beginning an action under the procedure shall be deemed to have waived a trial by jury and the right of appeal unless the action is removed, for formal hearing, to the regular civil docket of either circuit or magistrate court as hereinafter provided, in which case the plaintiff shall have the same right to claim a trial by jury and appeal as if the action had been begun in the circuit or magistrate court.
Source: SDC 1939 & Supp 1960, § 33.4102; SDCL, § 15-39-16; Supreme Court Rule 81-4; Supreme Court Rule 97-13; SL 2000, ch 258 (Supreme Court Rule 00-4).
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