South Dakota Codified Laws 1-26-35. Nonjury review in circuit court–Proof of irregularities–Oral argument discretionary
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The review shall be conducted by the court without a jury and shall be confined to the record. A trial de novo may not be granted unless otherwise authorized by law, but in cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, may hear oral argument.
Terms Used In South Dakota Codified Laws 1-26-35
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1966, ch 159, § 15 (6); SL 1977, ch 13, § 15; SL 1978, ch 16; SL 1996, ch 158, § 45.