SDCL § 15-38-39: (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.

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.