21-38-9. Time and place of hearing on restoration of record--Notice.
Upon the filing of an application for restoration of a public record with the clerk of the court having jurisdiction, the court shall by order fix a time and place for hearing the same and direct such notice thereof as to the court may seem warranted in each particular case. In case publication is required, the court shall designate the newspaper most likely to give notice to persons who may be interested. In case the proceeding was in rem, and no personal service was made, the instrument or record may be restored upon like notice as nearly as may be as in the original proceeding.
Source: SL 1893, ch 142, §1; RCCivP 1903, §879; SL 1903, ch 193; RC 1919, §§3047, 3048; SDC 1939 & Supp 1960, §37.1104.
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.