15-39-56 Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defend...
Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by
A plaintiff beginning an action under the procedure shall be deemed to have waived a trial
by jury and the right of appeal unless the action is removed, for formal hearing, to the regular civil
docket of either circuit or magistrate court as hereinafter provided, in which case the plaintiff shall
have the same right to claim a trial by jury and appeal as if the action had been begun in the circuit
or magistrate court.
Source: SDC 1939 & Supp 1960, § 33.4102; SDCL, § 15-39-16; Supreme Court Rule 81-4;
Supreme Court Rule 97-13; SL 2000, ch 258 (Supreme Court Rule 00-4).