If upon the hearing it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take such evidence as it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court is made.
S.D. Codified Laws § 11-2-64
Court may take evidence
Applied in 6 court decisions — leading case In Re Appeal From Decision of Yankton County Commission (2003)
Most recently applied in Miles v. Spink County Board of Adjustment (March 2022)
Source: SL 2000, ch 69, § 34.
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.