Section 23A-46-3 – Hearing–Representation of subject–Opportunity to present evidence.
23A-46-3. Hearing–Representation of subject–Opportunity to present evidence. At a hearing 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, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel […]
Section 23A-45-10 – (Rule 55) Records kept as prescribed by Supreme Court.
23A-45-10.(Rule 55) Records kept as prescribed by Supreme Court. Clerks of courts and such other personnel as are prescribed by rule shall keep such records in criminal proceedings as the Supreme Court may prescribe. Source: SL 1978, ch 178, §558.
Section 23A-45-11 – (Rule 56) Circuit court always open–Hours when clerk’s office open.
23A-45-11.(Rule 56) Circuit court always open–Hours when clerk’s office open. A circuit court is always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. A clerk’s office with the clerk or a deputy in attendance shall be open for a reasonable time during business […]
Section 23A-45-12 – (Rule 57(a)) Circuit court rules adopted by presiding judge–Consistent with title–Copies furnished to Supreme Court and code counsel–Publication of rules.
23A-45-12.(Rule 57(a)) Circuit court rules adopted by presiding judge–Consistent with title–Copies furnished to Supreme Court and code counsel–Publication of rules. A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of the intent to adopt, amend or repeal any […]
Section 23A-45-13 – (Rule 57(b)) Procedure not specifically prescribed by statute or rule.
23A-45-13.(Rule 57(b)) Procedure not specifically prescribed by statute or rule. If no procedure is specifically prescribed by statute or rule, a court may proceed in any lawful manner not inconsistent with this title or with any other applicable statute. Source: SL 1978, ch 178, §561.
Section 23A-45-14 – (Rule 58) Forms drawn up by attorney general–Publication by code commission–Not mandatory.
23A-45-14.(Rule 58) Forms drawn up by attorney general–Publication by code commission–Not mandatory. The attorney general shall draw up forms to implement this title. The code commission shall publish such forms as an appendix to this title. Such forms shall be illustrative and not mandatory. Source: SL 1978, ch 178, §562.
Section 23A-45-15 – (Rule 60) Citation of title–Citation of Rules of Criminal Procedure.
23A-45-15.(Rule 60) Citation of title–Citation of Rules of Criminal Procedure. This title may be known and cited as the South Dakota Code of Criminal Procedure. Sections of this title preceded by a rule number may be known and cited as the South Dakota Rules of Criminal Procedure. Source: SL 1978, ch 178, §564.
Appendix A – Circuit Court Rules (See § 23A-45-12).
APPENDIX A. CIRCUIT COURT RULES (See § 23A-45-12) SECOND JUDICIAL CIRCUIT CRIMINAL RULES CR ONE. INITIAL APPEARANCE Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019. CR TWO. ARRAIGNMENT Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; SL 1999, ch […]
Section 23A-46-1 – Conduct of psychiatric or psychological examination–Appointment of examiners–Additional examiners–Commitment for examination.
23A-46-1. Conduct of psychiatric or psychological examination–Appointment of examiners–Additional examiners–Commitment for examination. A psychiatric or psychological examination 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 conducted by: (1)A licensed or certified psychiatrist; (2)A licensed clinical psychologist; (3)A certified social worker licensed for private […]
Section 23A-46-1.1 – List of professionals qualified to conduct evaluations.
23A-46-1.1. List of professionals qualified to conduct evaluations. The licensing board of each professional listed in §23A-46-1 shall maintain a list of each professional licensed under their authority qualified to conduct competency evaluations. The Department of Social Services shall maintain a list of those evaluators for use by the courts in coordination with Department of […]