26-7A-110. Petition for new hearing on ground of new evidence.A child or a child's parents, guardian, custodian, or guardian ad litem may petition the court for a new hearing related to adjudication or disposition on the ground that new evidence has been discovered which was not known and could not with due diligence have been made available at the original adjudicatory or dispositional hearing and which might affect the order or the decree resulting from the hearing. A noticed hearing on the petition shall be conducted as required by the court. If the court finds at the hearing on the petition that new evidence exists which might affect the original order or decree, the court shall order a new hearing and shall proceed with a revised determination of the case as warranted by the evidence and applicable law. Source: SDC 1939, §43.0328 as added by SL 1968, ch 164, §17; SL 1991, ch 217, §106B; SDCL, §26-8-63.
South Dakota Legal Code