Except in a small claims proceeding, a verbatim record of all proceedings and evidence at trial before a magistrate court, with a magistrate judge presiding, must be maintained either by an electronic device or by stenographic means, as the magistrate may direct. If no record is kept, the appeal, if appeal is authorized by law, is de novo in circuit court.
S.D. Codified Laws § 16-12B-15
Record of proceedings--Appeal
Source: SL 2003, ch 117, § 24; SL 2025, ch 89, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.