South Dakota Codified Laws 21-19-24. Hearing on appraisement–Valuations accepted unless questioned–Recitals in courtorder on appraisement
Upon such appraisement being filed either the claimant or the creditor may bring such matter on for hearing upon reasonable notice to be fixed by the court. Upon such hearing the court shall determine the disputed questions of fact relevant to the debtor‘s right to be allowed exemptions and evidence in the form of affidavits may be received. Valuations where disputed shall be accepted as fixed by the appraisement, if the court approves the appraisement, which shall be accepted as correct, unless questioned by one of the parties in which event the party questioning the appraisement shall have the burden of showing it should not be approved. If the court disapproves the appraisement, the court shall determine from evidence offered the valuations which are in dispute. The court need not make any formal findings of fact or conclusions of law as to disputed questions, but the court’s order, provided for in § 21-19-26, must recite briefly the court’s findings on disputed issues.
Terms Used In South Dakota Codified Laws 21-19-24
- Claimant: means a debtor or a dependent of debtor making claim of exemptions. See South Dakota Codified Laws 21-19-1
- Court: means the court wherein the action is brought in which action the levy is made. See South Dakota Codified Laws 21-19-1
- Creditor: means a person for whose benefit any such process is used. See South Dakota Codified Laws 21-19-1
- Debtor: means a person on whose property levy has been made. See South Dakota Codified Laws 21-19-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Source: SDC 1939 & Supp 1960, § 37.4908.