15-38-39. (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.
65 words·~1 min read·
/sd/title-15/chapter-15-38/15-38-39·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate presiding who is not law trained, the circuit court shall review the appeal as in § 15-38-38 ; provided, that the circuit court in its discretion, may receive further evidence, not appearing in the record or may direct that the case be tried de novo.