This bill amends existing provisions in South Dakota law regarding the requirement for maintaining a verbatim record of proceedings in magistrate courts and clerk magistrate courts. Specifically, it updates sections 16-12B-15 and 16-12C-14 to clarify that, except in small claims proceedings, a verbatim record must be kept either through electronic means or stenographic methods as directed by the presiding magistrate.
The amendments emphasize the importance of maintaining a record of all proceedings and evidence during trials, ensuring that if no record is kept, any authorized appeal will be treated as a de novo case in circuit court. This change aims to enhance the accuracy and reliability of court records in magistrate proceedings.
Statutes affected: Introduced, 01/03/2025: 16-12B-15, 16-12C-14
Enrolled, 02/04/2025: 16-12B-15, 16-12C-14