South Dakota Codified Laws
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).

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Structure South Dakota Codified Laws

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.

Section 15-39-45.1 - Jurisdictional amount of claim.

Section 15-39-46 - Alternative to action begun by summons.

Section 15-39-47 - Persons authorized to act as attorney--Notice to attorney.

Section 15-39-48 - Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.

Section 15-39-49 - Addresses of parties stated to clerk--Filing in docket.

Section 15-39-50 - Determination of sufficiency of plaintiff's statement.

Section 15-39-51 - Deputy clerk authorized to act--Magistrate to perform clerk's duties.

Section 15-39-52 - Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.

Section 15-39-53 - Court rules may provide for modified procedure.

Section 15-39-54 - Time of hearing on claim.

Section 15-39-55 - Notice valid though refused by defendant--Further notice on failure of delivery.

Section 15-39-56 - Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.

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.

Section 15-39-58 - Transmittal of papers upon removal--Pleadings and speedy trial.

Section 15-39-61 - Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.

Section 15-39-62 - Docket entries transmitted on removal to circuit court.

Section 15-39-64 - Default of defendant failing to comply with requirements.

Section 15-39-65 - Docket entry as to defense--Contents of entry.

Section 15-39-66 - Setoff or counterclaim stated by defendant--Notice to plaintiff and postponement of hearing--Answer by plaintiff--Request for jury trial or petition for removal on non-compulsory counterclaims--Provisions not compulsory.

Section 15-39-67 - Amendment of claim or answer.

Section 15-39-68 - Disposition of claim on failure of plaintiff to appear for hearing.

Section 15-39-69 - Venue.

Section 15-39-70 - Subpoenas for witnesses.

Section 15-39-71 - Witnesses and evidence received on hearing.

Section 15-39-72 - Signature of docket on determination of action.

Section 15-39-73 - Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.

Section 15-39-74 - Court order as to method of payment of judgment--Stay of execution during compliance.

Section 15-39-75 - Grounds for vacation of judgment and stay of execution--Repayment ordered.

Section 15-39-76 - Costs awarded on motion to vacate judgment.

Section 15-39-76.1 - Notice of payment of judgment.

Section 15-39-76.2 - Cancellation of judgment or transcript--Notice by prevailing party or attorney.

Section 15-39-77 - Guardian ad litem.

Section 15-39-78 - Forms for use in small claims procedure.

Section 15-39-79 - Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.