Section 23A-46-2 – Report by examiner–Contents.
23A-46-2. Report by examiner–Contents. A psychiatric or psychological report ordered pursuant to this chapter, §§23A-10A-3 to 23A-10A-4.2, inclusive; 23A-26-12 to 23A-26-12.6, inclusive; or 23A-27-42 to 23A-27-46, inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the […]
Section 23A-45-8 – Conflicts between title and other portions of code.
23A-45-8. Conflicts between title and other portions of code. Whenever any provision of the code is inconsistent or in conflict with this title or any part of it, the other statutory provision shall be reconciled and harmonized with this title as much as possible, and if such provision cannot be so harmonized and reconciled, then […]
Section 23A-45-9 – Definition of terms.
23A-45-9. Definition of terms. Terms used in this title mean: (1)”Class 1 misdemeanor,” the same as the term is defined in §22-6-2; (2)”Class 2 misdemeanor,” the same as the term is defined in §22-6-2; (3)”Committing magistrate,” any of the following: (a)A justice of the Supreme Court; (b)A judge of the circuit court; (c)A magistrate judge; […]
Section 23A-44-11 – (Rule 50(a)) Placement on calendars–Preference to criminal proceedings.
23A-44-11.(Rule 50(a)) Placement on calendars–Preference to criminal proceedings. Each court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. Source: SL 1978, ch 178, §544.
Section 23A-44-13 – (Rule 51) Exceptions not required to preserve objection–Objection not required when no opportunity.
23A-44-13.(Rule 51) Exceptions not required to preserve objection–Objection not required when no opportunity. Exceptions to rulings or orders of a court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, […]
Section 23A-44-14 – (Rule 52(a)) Defects not affecting substantial rights disregarded.
23A-44-14.(Rule 52(a)) Defects not affecting substantial rights disregarded. Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. Source: SDC 1939 & Supp 1960, §§34.2902, 34.3002; SDCL, §§23-1-2, 23-32-20; SL 1978, ch 178, §547.
Section 23A-44-15 – (Rule 52(b)) Plain error noticed though not brought to court’s attention.
23A-44-15.(Rule 52(b)) Plain error noticed though not brought to court’s attention. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of a court. Source: SL 1978, ch 178, §548.
Section 23A-44-17 – Content of record.
23A-44-17. Content of record. The record of any hearing, court trial or jury trial shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions. Source: SL 2010, ch 255 (Supreme Court Rule 10-02), […]
Section 23A-45-1 – Criminal proceedings defined.
23A-45-1. Criminal proceedings defined. A criminal proceeding is one prosecuted by the state as a party, against a person charged with a criminal offense for the punishment thereof. A proceeding for the violation of an ordinance, bylaw, or police regulation is one prosecuted by a unit of local government as a party, against a person […]
Section 23A-45-2 – (Rule 54(a)) Proceedings to which title applies.
23A-45-2.(Rule 54(a)) Proceedings to which title applies. This title applies to all criminal proceedings and to all proceedings for the violation of an ordinance, bylaw, or police regulation of a unit of local government in this state before the circuit courts and the magistrate courts except in cases of those minor offenses triable under §23A-4-2. […]