Section 15-39-70 – Subpoenas for witnesses.
15-39-70. Subpoenas for witnesses. Subpoenas for witnesses, if requested, will be issued by the clerk and served according to the specifications of §15-6-45(c). Source: SDC 1939 & Supp 1960, §33.4109; SDCL, §15-39-34; Supreme Court Rule 81-4; SL 1988, ch 428 (Supreme Court Rule 87-9).
Section 15-39-71 – Witnesses and evidence received on hearing.
15-39-71. Witnesses and evidence received on hearing. Witnesses shall be sworn; but the court shall conduct the hearing in such order and form and with such methods of proof as it deems best suited to discover the facts and to determine the justice of the case. Interrogatories shall not be filed nor depositions taken, except […]
Section 15-39-72 – Signature of docket on determination of action.
15-39-72. Signature of docket on determination of action. After the determination of the action, the judge or magistrate shall affix his signature to the docket card. Source: SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-36; Supreme Court Rule 81-4.
Section 15-39-73 – Items allowable as costs–Costs assessed for delay or vexatious claim or defense–Judgment and execution for costs.
15-39-73. Items allowable as costs–Costs assessed for delay or vexatious claim or defense–Judgment and execution for costs. The actual cash disbursements of the prevailing party for entry fee, mailing fees, witness fees, and officers’ fees shall be allowed as costs. No other costs shall be allowed either party, except by special order of the court. […]
Section 15-39-74 – Court order as to method of payment of judgment–Stay of execution during compliance.
15-39-74. Court order as to method of payment of judgment–Stay of execution during compliance. The court may order that the judgment shall be paid to the prevailing party at a certain date or by specified installments, and may stay the issue of execution and other supplementary process during compliance with such order. Such stay shall […]
Section 15-39-56 – Jury trial and appeal waived by plaintiff–Right to jury trial if action removed by 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 […]
Section 15-39-57 – Claim of trial by court or jury by defendant–Affidavit–Special rule in designated judicial circuit governing removal to the regular civil docket of the court–Entry fee and undertaking.
15-39-57. Claim of trial by court or jury by defendant–Affidavit–Special rule in designated judicial circuit governing removal to the regular civil docket of the court–Entry fee and undertaking. No party may appeal any decision entered under this procedure. In lieu thereof, defendant may, five days prior to the date upon which the defendant is notified […]
Section 15-39-58 – Transmittal of papers upon removal–Pleadings and speedy trial.
15-39-58. Transmittal of papers upon removal–Pleadings and speedy trial. Upon removal, the clerk of courts shall forthwith transmit such original papers or attested copies thereof and the circuit or magistrate court may try the action as transmitted or may require pleading as in an action by summons, but the action shall be marked for trial […]
Section 15-39-61 – Separation of parties when removal sought as to part–Copies of papers transmitted in lieu of originals.
15-39-61. Separation of parties when removal sought as to part–Copies of papers transmitted in lieu of originals. In any action brought by or against two or more persons in which separate judgments are authorized by law, the party seeking removal may specify in the petition of jury trial the parties as to whom such trial […]
Section 15-39-62 – Docket entries transmitted on removal to circuit court.
15-39-62. Docket entries transmitted on removal to circuit court. Upon removal of a cause to the circuit or magistrate court the original docket entries, or in case of removal by some of several defendants, an attested copy thereof shall be transmitted to the clerk of the circuit or magistrate court. Source: SDC 1939 & Supp […]