21-24-9. Trial of issues of fact.
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Source: SL 1925, ch 214, §9; SDC 1939 & Supp 1960, §37.0109.
Structure South Dakota Codified Laws
Chapter 24 - Declaratory Judgment
Section 21-24-1 - Power of courts to provide declaratory relief--Form and effect of declarations.
Section 21-24-2 - Person including business associations and public agencies.
Section 21-24-4 - Contract construed before or after breach.
Section 21-24-5 - Determination of rights under trust or decedent's estate.
Section 21-24-6 - Declaratory relief powers not limited by specific enumeration.
Section 21-24-7 - Parties to be joined in action for declaratory relief.
Section 21-24-9 - Trial of issues of fact.
Section 21-24-10 - Judgment refused where controversy would not be terminated.
Section 21-24-11 - Award of costs.
Section 21-24-12 - Further relief after declaratory judgment--Application and order to show cause.
Section 21-24-13 - Review of declaratory orders and judgments.
Section 21-24-14 - Chapter declared remedial--Liberal construction.