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 […]
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 15-30-15 – Opinion of Supreme Court transmitted with papers.
15-30-15. Opinion of Supreme Court transmitted with papers. The clerk of the Supreme Court shall in all cases, except when the order or judgment is affirmed, also transmit with the papers so returned by him a certified copy of the opinion of the Supreme Court. Source: SDC 1939 & Supp 1960, §33.0730.
Section 15-38-22 – (Rule 1) Right to appeal–Time for appeal.
15-38-22.(Rule 1) Right to appeal–Time for appeal. Except where an appeal is denied by law, there shall be a right of appeal to the circuit court from any final order or judgment of the magistrate court. Appeals from such final orders and judgments must be taken within ten days after the attestation and filing of […]
Section 15-38-23 – (Rule 2(a)) Contents of notice of appeal–Signature.
15-38-23.(Rule 2(a)) Contents of notice of appeal–Signature. The notice of appeal shall specify the party or parties taking the appeal, shall designate the order or judgment, or part thereof, appealed from, and shall be signed by the appellant or his attorney. Source: Supreme Court Rule 78-4, Rule 2 (a).
Section 15-38-24 – (Rule 2(b)) Service of notice of appeal on parties.
15-38-24.(Rule 2(b)) Service of notice of appeal on parties. The appellant, or his counsel, shall service the notice of appeal on counsel of record of each party other than appellant, or, if the party is not represented by counsel, on the party at his last known address. Source: Supreme Court Rule 78-4, Rule 2 (b).
Section 15-38-25 – (Rule 2(c)) Filing of notice of appeal–Proof of service.
15-38-25.(Rule 2(c)) Filing of notice of appeal–Proof of service. Before the expiration of the time of appeal, the appellant shall file the notice of appeal with the clerk of the circuit court to which the appeal is to be taken. The clerk shall not accept for filing a notice of appeal unless accompanied by a […]