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Home » US Law » 2022 South Dakota Codified Laws » Title 15 - Civil Procedure » Chapter 38 - Appeals From Magistrate Court » 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 (c).