23A-29-2. Effect of grant of new trial--Evidence received.
The granting of a new trial places the parties in the same position as if no trial had been had. All evidence must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument.
Source: SDC 1939 & Supp 1960, §34.4001; SDCL, §23-50-12; SL 1978, ch 178, §380.