21-38-10. Hearing on restoration of record--Proof required.
At the time and place fixed in the notice, the court shall first require proof of the giving of the notice in accordance with its order and a showing of any appearances or protestations or objections, if any, which have been made. The court shall then proceed to hear the proof of the applicant which may be by testimony or affidavit, certificate, or other methods of proof permitted in this title, and the court shall likewise hear any interested persons in opposition to the application.
Source: SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; Supreme Court Rule 571, 1939; SDC 1939 & Supp 1960, §37.1105.
Structure South Dakota Codified Laws
Chapter 38 - Restoration Of Public Records
Section 21-38-1 - Court records and register of deeds records subject to restoration procedure.
Section 21-38-2 - Venue of restoration proceedings.
Section 21-38-3 - Title of application for restoration.
Section 21-38-4 - Substance and proposed copy of record shown in application for restoration.
Section 21-38-5 - Interest of applicant shown in application for restoration.
Section 21-38-6 - Circumstances of loss or destruction shown in application for restoration.
Section 21-38-8 - Signing and verification of application for restoration.
Section 21-38-9 - Time and place of hearing on restoration of record--Notice.
Section 21-38-10 - Hearing on restoration of record--Proof required.
Section 21-38-11 - Findings and judgment on restoration of record.