reglab/housing_qa huggingface dataset:
SD Codified L § 15-38-29 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|Section 15-38-29 - (Rule 3(c)) Failure to prosecute appeal--Dismissal.

15-38-29.(Rule 3(c)) Failure to prosecute appeal--Dismissal.Failure of an appellant to take any step other than timely service and filing of a notice of appeal does not affect the validity of the appeal, but is grounds for such action as the circuit court deems appropriate, which may include dismissal of the appeal. Source: Supreme Court Rule 78-4, Rule 3 (c).
SD Codified L § 15-38-30 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|Section 15-38-30 - (Rule 4(a)) Forwarding record to circuit court.

15-38-30.(Rule 4(a)) Forwarding record to circuit court.Upon receipt of the notice of appeal, the clerk of court shall assemble and number the pages of all pleadings, documents, papers, and exhibits filed in the action and forward them to the clerk of the circuit court within ten days of the filing of the notice of appeal. Source: Supreme Court Rule 78-4, Rule 4 (a); SL 1994, ch 157, §4.
SD Codified L § 15-38-31 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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).
SD Codified L § 15-38-32 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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 proceedings, the reporting shall be done stenographically. Source: Supreme Court Rule 78-4, Rule 5 (a).
SD Codified L § 15-38-33 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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. The transcript may be waived by the filing of a stipulation between the appellant and all appellees dispensing with its preparation. Source: Supreme Court Rule 78-4, Rule 5 (b); Supreme Court Rule 80-14.
SD Codified L § 15-38-34 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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).
SD Codified L § 15-38-35 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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).
SD Codified L § 15-38-36 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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).
SD Codified L § 15-38-37 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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 brief within thirty days after service of appellant's brief; and appellant may serve and file a reply brief within ten days after service of appellee's brief. Source: Supreme Court Rule 78-4, Rule 6 (b).
SD Codified L § 15-38-38 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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 erroneous; the circuit court may affirm, reverse, remand, or modify the judgment. Source: Supreme Court Rule 78-4, Rule 7 (a).
SD Codified L § 15-38-39 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 38 - Appeals From Magistrate Court|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 further evidence, not appearing in the record or may direct that the case be tried de novo. Source: Supreme Court Rule 78-4, Rule 7 (b).
SD Codified L § 15-38-40 (2021)
2021 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).
SD Codified L § 15-39-45 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 of substantive law, of claims in the nature of contract or tort, other than slander and libel; for the collection of fees, costs, or civil penalties assessed by local governmental entities; and for review of judgments upon such claims when justice so requires.Exemplary or punitive damages may not be awarded under this chapter, except as provided in chapter 60-11, chapter 22-30A, and §§43-32-6 and 43-32-24. Source: SDC 1939, §33.4101; SL 1959, ch 231; SDCL §15-39-1; SL 1971, ch 149; SL 1974, ch 153, §19; SL 1977, ch 178, §3; SL 1980, ch 168, §1; Supreme Court Rule 81-4; SL 1983, ch 158, §2; SL 1986, ch 167, §1; SL 1992, ch 149, §1; SL 1992, ch 150; SL 1999, ch 103, §1; SL 2009, ch 100, §1.
SD Codified L § 15-39-45.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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.
SD Codified L § 15-39-46 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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.
SD Codified L § 15-39-47 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 a corporation acting for it, a member, manager, or local manager of a limited liability company acting for it, or, in the case of actions by or against the State of South Dakota, its agencies, or its employees acting within the scope of their employment, a representative designated in writing by the commissioner of the Bureau of Administration; and, unless and until there is a removal of the action pursuant to §15-39-57. A representative of the Bureau of Administration is not required to have an appointment from the attorney general in order to appear in small claims court. The term includes an assignee of any claim, or the agent, manager, or officer of an assignee of any claim, if the assignment is bona fide and for a valuable consideration. Any assignment made for collection purposes only is considered bona fide, within the meaning of this chapter. In the event of removal pursuant to §15-39-57, the term does not include such assignee or officer, agent, manager or local manager thereof or of a corporation or representative designated by the commissioner of the Bureau of Administration.Notice to such attorney for a party shall be equivalent to notice to such party. Source: SDC 1939, §33.4106; Supreme Court Rule adopted May 1, 1942; SDCL §15-39-7; SL 1978, ch 147, §1; Supreme Court Rule 81-4; SL 1996, ch 5, §4; SL 2014, ch 251 (Supreme Court Rule 13-09), eff. Jan. 1, 2014.
SD Codified L § 15-39-48 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-48 - Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.

15-39-48. Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.The plaintiff initiating the action or the plaintiff's attorney shall complete the information on the small claims form available in the clerk of courts office, and provide a written and signed statement of the cause of action to the clerk who shall docket the action. The statement must contain the facts upon which the claim is based and be accompanied by supporting documents. A cause of action is defined as a claim arising out of the same transaction or incident. Multiple claims or causes of action by multiple parties may be brought against a defendant, or against defendants provided liability is joint and several. The docketing by the clerk shall be deemed the beginning of the action. Source: SDC 1939 & Supp 1960, §33.4108; SDCL, §15-39-8; Supreme Court Rule 81-4; SL 1988, ch 424 (Supreme Court Rule 87-5); Supreme Court Rule 98-29; SL 2001, ch 299 (Supreme Court Rule 01-07).
SD Codified L § 15-39-49 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-49 - Addresses of parties stated to clerk--Filing in docket.

15-39-49. Addresses of parties stated to clerk--Filing in docket.The plaintiff or attorney shall also provide in writing to the clerk the plaintiff's and the defendant's place of residence, usual place of business, and the place of employment, or such thereof as the clerk may deem necessary, including the street and number, if any; and the clerk shall file the same in the docket. Source: SDC 1939 & Supp 1960, §33.4108; SDCL, §15-39-9; Supreme Court Rule 81-4.
SD Codified L § 15-39-50 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-50 - Determination of sufficiency of plaintiff's statement.

15-39-50. Determination of sufficiency of plaintiff's statement.The clerk shall serve in a supervisory role to determine whether or not plaintiff has met the criteria of sufficiency and clarity.If the clerk deems the statement of a cause of action insufficient, the court at the request of the plaintiff or the clerk shall decide whether such cause of action shall be received. Source: SDC 1939 & Supp 1960, §33.4108; SDCL, §15-39-10; Supreme Court Rule 81-4.
SD Codified L § 15-39-51 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-51 - Deputy clerk authorized to act--Magistrate to perform clerk's duties.

15-39-51. Deputy clerk authorized to act--Magistrate to perform clerk's duties.The word "clerk" in this chapter shall include a deputy clerk. If a claim is filed with a magistrate, the duties to be performed by the clerk in this chapter shall be performed by the magistrate. Source: SDC 1939, §33.4106; Supreme Court Rule adopted May 1, 1942; SDCL, §15-39-6; SL 1977, ch 173, §2; Supreme Court Rule 81-4.
SD Codified L § 15-39-52 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-52 - Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.

15-39-52. Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.The procedure shall include the beginning of actions with an entry fee of four dollars for actions up to one hundred dollars, ten dollars for actions up to one thousand dollars, and twenty dollars for actions over one thousand dollars, but without summons, and without requirement, except by special order of the magistrate or court, of other pleading than the written and signed statement to the clerk of courts, or magistrate. No fee may be required of the state, its officers, boards, agencies and commissions, or its political subdivisions, in any action commenced by the state or a political subdivision. Source: SDC 1939 & Supp 1960, §33.4101; SL 1961, ch 181; SDCL, §15-39-5; SL 1977, ch 173, §1; Supreme Court Rule 81-4; SL 1984, ch 148, §1.
SD Codified L § 15-39-53 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 pleading and practice and a stay of the entry of judgment or of the issue of execution. Source: SDC 1939 & Supp 1960, §33.4101; SDCL, §15-39-11; Supreme Court Rule 81-4.
SD Codified L § 15-39-54 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-54 - Time of hearing on claim.

15-39-54. Time of hearing on claim.The clerk shall fix the time set for the hearing or answer which shall not be less than five days from the beginning of the action. The time fixed should be sufficient to enable registered or certified mail, return receipt, by regular course to reach defendant and to enable defendant to appear or answer before the time fixed for the hearing or answer. Source: SDC 1939 & Supp 1960, §33.4109; SDCL, §15-39-12; Supreme Court Rule 81-4.
SD Codified L § 15-39-55 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-55 - Notice valid though refused by defendant--Further notice on failure of delivery.

15-39-55. Notice valid though refused by defendant--Further notice on failure of delivery.Notice shall be valid although refused by the defendant and, therefore, not delivered. If the notice is returned undelivered, without refusal by the defendant, or if in any other way it appears that notice has not reached the defendant, the clerk shall issue, at the request of the plaintiff and at the expense of the plaintiff, such other or further notice as the court may order. If plaintiff elects not to pursue further notification of the defendant or if the further notification is unsuccessful after ninety days, the clerk may dismiss the action without prejudice. Source: SDC 1939 & Supp 1960, §33.4110; SDCL §15-39-15; Supreme Court Rule 81-4; SL 1988, ch 425 (Supreme Court Rule 87-6); SL 2008, ch 289 (Supreme Court Rule 08-03), eff. July 1, 2008.
SD Codified L § 15-39-56 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 or magistrate court as hereinafter provided, in which case the plaintiff shall have the same right to claim a trial by jury and appeal as if the action had been begun in the circuit or magistrate court. Source: SDC 1939 & Supp 1960, §33.4102; SDCL, §15-39-16; Supreme Court Rule 81-4; Supreme Court Rule 97-13; SL 2000, ch 258 (Supreme Court Rule 00-4).
SD Codified L § 15-39-57 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 to appear or answer, file in the court in which the action is pending, a petition to remove the action to the regular civil docket of the circuit court or magistrate court and state therein whether the defendant intends to proceed with a trial by jury or a trial to the court. Failure to make the request within the time provided shall be deemed an acceptance by the defendant to the jurisdiction of small claims court. The petition shall be supported by an affidavit that makes a showing that there are good reasons why the formal civil trial process is justified and the defendant has a meritorious defense. The sum of thirty-five dollars for entry of the action for trial in the circuit or magistrate court, as the case may be, must accompany the petition and affidavit. The defendant must also deposit the sum of two hundred fifty dollars to secure the plaintiff for costs and/or damages which the court may determine the plaintiff is reasonably entitled to receive. Source: SDC 1939 & Supp 1960, §33.4102; SDCL, §15-39-17; SL 1977, ch 173, §3; Supreme Court Rule 81-4; SL 1991, ch 168; Supreme Court Rule 97-14; SL 2000, ch 259 (Supreme Court Rule 00-5).
SD Codified L § 15-39-58 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 on the list of causes advanced for speedy trial by jury. Source: SDC 1939 & Supp 1960, §33.4102; SDCL, §15-39-18; Supreme Court Rule 81-4; Supreme Court Rule 97-15.
SD Codified L § 15-39-61 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 is claimed, in which case the cause shall be removed as to such parties only as are specified in the petition and the court before whom the case is brought shall retain jurisdiction as to the remainder. In such case the clerk of court shall transmit attested copies of the papers in the action to the clerk of the circuit or magistrate court in lieu of the originals. Source: SDC 1939 & Supp 1960, §33.4103; SDCL, §15-39-21; Supreme Court Rule 81-4; Supreme Court Rule 97-18.
SD Codified L § 15-39-62 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|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 1960, §33.4119; SDCL, §15-39-22; Supreme Court Rule 81-4.
SD Codified L § 15-39-64 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-64 - Default of defendant failing to comply with requirements.

15-39-64. Default of defendant failing to comply with requirements.A defendant, unless the court shall otherwise order, shall be defaulted unless he shall, personally or by attorney, comply with the requirements of the notice served upon him. Source: SDC 1939 & Supp 1960, §33.4111; SDCL, §15-39-27; Supreme Court Rule 81-4.
SD Codified L § 15-39-65 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-65 - Docket entry as to defense--Contents of entry.

15-39-65. Docket entry as to defense--Contents of entry.The clerk shall cause the substance of the defense to be entered in the docket, and the docket entry shall be deemed the answer. The answer shall state fully and specifically in writing, but in concise and untechnical form, what parts of the claim are contested, and the grounds of such contest.Demurrers, dilatory pleas, and the answer of general denial are prohibited. Source: SDC 1939 & Supp 1960, §33.4111; SDCL, §15-39-28; Supreme Court Rule 81-4; SL 1988, ch 427 (Supreme Court Rule 87-8).