Section 15-39-53 – Court rules may provide for modified procedure.
15-39-53. Court rules may provide for modified procedure. The procedure shall include notice by registered or certified mail, return receipt, in addition to all other forms of legal service, and shall further include provisions for early hearing of actions thus begun. The provisions may include the modification of any or all of existing rules of […]
Section 15-39-45 – Uniform rules of practice for circuit and magistrate courts–Purpose and scope of rules–Exemplary damages restricted.
15-39-45. Uniform rules of practice for circuit and magistrate courts–Purpose and scope of rules–Exemplary damages restricted. The Supreme Court may amend and repeal uniform rules of practice applicable to circuit and magistrate courts in this state, providing for a simple, informal, and inexpensive procedure, hereinafter called the procedure, for the determination according to the rules […]
Section 15-39-45.1 – Jurisdictional amount of claim.
15-39-45.1. Jurisdictional amount of claim. No claim pursuant to this chapter may exceed twelve thousand dollars, not including allowable costs or attorney fees. Source: SL 2011, ch 106, §1.
Section 15-39-46 – Alternative to action begun by summons.
15-39-46. Alternative to action begun by summons. The procedure shall not be exclusive but shall be alternative to the formal procedure for actions begun by summons. Source: SDC 1939 & Supp 1960, §33.4101; SDCL, §15-39-2; Supreme Court Rule 81-4.
Section 15-39-47 – Persons authorized to act as attorney–Notice to attorney.
15-39-47. Persons authorized to act as attorney–Notice to attorney. The term, attorney, in this chapter means an attorney-at-law, who is an active member of the State Bar of the State of South Dakota, in good standing, one of a number of partners or joint plaintiffs, acting for all, an officer, manager, or local manager of […]
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).