29A-1-306. Jury trial.
(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
Source: SL 1995, ch 167, ยง1-306.
Structure South Dakota Codified Laws
Title 29A - Uniform Probate Code
Chapter 01 - General Provisions, Definitions And Probate Jurisdiction Of Court
Section 29A-1-101 - Short title.
Section 29A-1-102 - Purposes - Rule of construction.
Section 29A-1-103 - Supplementary general principles of laws applicable.
Section 29A-1-104 - Severability.
Section 29A-1-106 - Effect of fraud and evasion.
Section 29A-1-107 - Evidence as to death or status.
Section 29A-1-108 - Acts by holder of general power.
Section 29A-1-201 - General Definitions.
Section 29A-1-301 - Territorial application.
Section 29A-1-304 - Practice in court.
Section 29A-1-305 - Records and certified copies.
Section 29A-1-306 - Jury trial.
Section 29A-1-307 - Performance of acts and orders.
Section 29A-1-310 - Oath or affirmance on filed documents.
Section 29A-1-311 - Fixing time and place for hearings.