Section 15-39-61 - Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals

15-39-61. Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.In any action brought by or against two or more persons in which separate judgments are authorized by law, the party seeking removal may specify in the petition of jury trial the parties as to whom such trial is claimed, in which case the cause shall be removed as to such parties only as are specified in the petition and the court before whom the case is brought shall retain jurisdiction as to the remainder. In such case the clerk of court shall transmit attested copies of the papers in the action to the clerk of the circuit or magistrate court in lieu of the originals. Source: SDC 1939 & Supp 1960, §33.4103; SDCL, §15-39-21; Supreme Court Rule 81-4; Supreme Court Rule 97-18.