An appeal and transcript, if a transcript exists, shall be filed by the auditor as soon as practicable and shall stand for trial as soon as possible.

Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court. Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to § 11-2-61.1.

Terms Used In South Dakota Codified Laws 7-8-30

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Source: SL 1868-9, ch 4, §§ 33, 34; SL 1874-5, ch 27, §§ 32, 33; PolC 1877, ch 21, §§ 48, 49; CL 1887, §§ 612, 613; RPolC 1903, §§ 852, 853; RC 1919, §§ 5888, 5889; SDC 1939, § 12.0620; SL 2018, ch 68, § 3.

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