Section 15-38-31 – (Rule 4(b)) Correction of record.
15-38-31.(Rule 4(b)) Correction of record. If anything material to either party is omitted from the record or is misstated therein, the parties by stipulation, or the magistrate or circuit court, on motion by a party or on its own initiative, may direct the record be corrected. Source: Supreme Court Rule 78-4, Rule 4 (b).
Section 15-38-32 – (Rule 5(a)) Verbatim record kept by magistrate–Means of recording.
15-38-32.(Rule 5(a)) Verbatim record kept by magistrate–Means of recording. Except in small claims proceedings, a verbatim record of all proceedings and evidence at trials before a magistrate shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct, but if any party to the action requests stenographic reporting of the […]
Section 15-38-33 – (Rule 5(b)) Order for transcript of verbatim record–Waiver by stipulation.
15-38-33.(Rule 5(b)) Order for transcript of verbatim record–Waiver by stipulation. When an appeal is taken, the appellant shall petition the circuit court for an order that a transcript of the verbatim record of the proceedings be prepared. The transcript shall be filed within thirty days of the service of the order upon the court reporter. […]
Section 15-38-34 – (Rule 5(c)) Cost of transcript.
15-38-34.(Rule 5(c)) Cost of transcript. The cost of the preparation of the transcript shall be paid by the appellant upon the filing of the same. Source: Supreme Court Rule 78-4, Rule 5 (c).
Section 15-38-35 – (Rule 5(d)) Form of transcript.
15-38-35.(Rule 5(d)) Form of transcript. The transcript shall be prepared in the form and manner prescribed for transcripts in appeals to the Supreme Court. Source: Supreme Court Rule 78-4, Rule 5 (d).
Section 15-38-36 – (Rule 6(a)) Form of briefs.
15-38-36.(Rule 6(a)) Form of briefs. The briefs shall be prepared in the form and manner prescribed for appeals to the Supreme Court unless otherwise set by rule of the circuit court. Source: Supreme Court Rule 78-4, Rule 6 (a).
Section 15-38-37 – (Rule 6(b)) Times for service and filing of briefs.
15-38-37.(Rule 6(b)) Times for service and filing of briefs. Unless the times are shortened by the circuit court, the appellant shall serve and file his brief within thirty days after the filing of the transcript or within thirty days after notice of appeal where there is no transcript. The appellee shall serve and file his […]
Section 15-38-38 – (Rule 7(a)) Scope of review on appeal from magistrate judge–Disposition of case.
15-38-38.(Rule 7(a)) Scope of review on appeal from magistrate judge–Disposition of case. When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate judge presiding, the circuit may review all matters appearing in the record relevant to the question of whether the judgment appealed from is […]
Section 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 […]
Section 15-38-40 – (Rule 7(c)) Trial de novo when verbatim record not available.
15-38-40.(Rule 7(c)) Trial de novo when verbatim record not available. 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. Source: Supreme Court Rule 78-4, Rule 7 […]