15-13-1
Purposes for which reference made on agreement of parties.
15-13-2
Purposes for which reference made without agreement of parties.
15-13-3
Shorthand reporter--Appointment, qualifications and duties.
15-13-4
Fees, expense, and compensation of shorthand reporter.
15-13-1. Purposes for which reference made on agreement of parties.
A reference may be ordered upon the agreement of the parties filed with the clerk or entered in the minutes:
(1) To try any or all the issues in an action or proceeding, whether of fact or law and to report a finding and conclusion thereon;
(2) To ascertain a fact necessary to enable the court to determine an action or proceeding;
(3) In all other cases provided for reference by law.
Source: SDC 1939 & Supp 1960, § 33.1501.
15-13-2. Purposes for which reference made without agreement of parties.
When the parties do not consent the court may, upon the application of either, or of its own motion, direct a reference in the following cases:
(1) When the trial of an issue of fact requires the examination of a long account on either side; in which case the referee may be directed to hear and decide the whole issue or report upon any specific question of fact involved therein;
(2) When the taking of an account is necessary for the information of the court before judgment or for carrying a judgment or order into effect;
(3) When it is necessary for the information of the court in a special proceeding;
(4) When the case raises issues regarding any of the natural resources of this state, including, but not limited to, all minerals, uranium, oil, gas, coal, air, and water.
Source: SDC 1939 & Supp 1960, § 33.1502; Supreme Court Rule 82-12.
15-13-3. Shorthand reporter--Appointment, qualifications and duties.
The referee may appoint a shorthand reporter whose qualifications and duties shall be the same as those of the shorthand reporter of the court.
Source: SDC 1939 & Supp 1960, § 33.1514.
15-13-4. Fees, expense, and compensation of shorthand reporter.
The fees and necessary expense of the referee and the compensation of the shorthand reporter shall be fixed by the court, after filing the report, and shall be audited and paid by the county wherein the court is held which made the reference; provided that the compensation of such reporter for making a transcript of the evidence shall not be a charge against or paid by the county, but when ordered by the referee shall be paid by the parties to the action.
Source: SDC 1939 & Supp 1960, § 33.1514.