If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
S.D. Codified Laws § 1-26-34
Circuit court may order agency to take additional evidence
Known as the South Dakota Administrative Procedures Act
The act spans §§ 1–1 (109 sections).
Applied in 23 court decisions — leading case Day v. John Morrell & Co. (1992)
Most recently applied in In re LAC Minerals (USA), LLC's Petition for Release of Reclamation Liability (July 2017)
Source: SL 1966, ch 159, § 15(5); SL 1987, ch 29, § 62.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.