South Dakota § 15-38-39 - (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.
Full text of South Dakota South Dakota Codified Laws § 15-38-39 — (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo., with citation guidance and answers to common questions.
§ 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).
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 15-38-39
What does South Dakota Codified Laws § 15-38-39 cover?
Section 15-38-39 ("(Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 15-38-39?
A common citation format is "South Dakota Codified Laws § 15-38-39" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 15-38-39 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.