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.

lawyer at desk

Ask a small claims case law question, get an answer ASAP!
Thousands of highly rated, verified small claims case experts.
Specialties include: appeals, mediation, judgment and more
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws 15-39-58

  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Source: SDC 1939 & Supp 1960, § 33.4102; SDCL, § 15-39-18; Supreme Court Rule 81-4; Supreme Court Rule 97-15.

  Previous section
Next section  
 Chapter 39 Contents