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Home » US Law » 2022 South Dakota Codified Laws » Title 21 - Judicial Remedies » Chapter 34 - Administrative Process Enforced Under Contempt Powers

Section 21-34-10 – Remissions, suspension, and purging of contempt.

21-34-10. Remissions, suspension, and purging of contempt. An order, judgment, or decree under this chapter may provide for such remissions or suspension of fine and confinement upon performance or purging of the contempt as the court may decide to incorporate therein. Or, the court may make any such remission or suspension thereafter by supplemental order, […]

Section 21-34-11 – Reinvoking contempt process on continuing violation.

21-34-11. Reinvoking contempt process on continuing violation. Nothing contained in this chapter shall prevent reinvoking such contempt process if disobedience or violation continues after payment of the fine or service of the confinement sentence has been completed. Source: SDC 1939, §65.0107.

Section 21-34-12 – Judicial power to enforce own order unaffected.

21-34-12. Judicial power to enforce own order unaffected. Nothing contained in this chapter shall affect or regulate the power of any court to punish contempts of such court for violation of any of its own rules, regulations, orders, judgments, decrees, commands, or judicial functions in cases where such jurisdiction inheres in the court as part […]

Section 21-34-13 – Appeal to Supreme Court.

21-34-13. Appeal to Supreme Court. From any order, judgment, decree, or other command of the court made pursuant to the jurisdiction or in excess of the jurisdiction given to it by this chapter, an appeal may be taken to the Supreme Court of this state within the time and in the manner provided by law […]

Section 21-34-14 – Stay of execution pending appeal to Supreme Court.

21-34-14. Stay of execution pending appeal to Supreme Court. Stay of execution in cases appealed pursuant to §21-34-13 shall be in the discretion of the circuit court, but subject to right of application by any party interested to the Supreme Court on the matter of such stay of execution for such modification of any order […]

Section 21-34-2 – Certificate of facts showing violation prepared by officer–Contents.

21-34-2. Certificate of facts showing violation prepared by officer–Contents. The officer who issued, or the party to a proceeding seeking enforcement of, the process, subpoena, order, rule, regulation, judgment, or other legal command referred to in §21-34-1 or who is vested with the duty of enforcing the obedience or stopping the violation of the statute, […]

Section 21-34-3 – Judge to whom certificate of facts directed.

21-34-3. Judge to whom certificate of facts directed. The certificate described in §21-34-2 shall be directed or addressed to the circuit court having jurisdiction over the county in which the events occurred or the condition exists wherein it is desired to enforce obedience or stop violations, or over the county of the residence of the […]

Section 21-34-5 – Procedural matters prescribed by court.

21-34-5. Procedural matters prescribed by court. In any and all cases under this chapter the court shall have jurisdiction to make such orders fixing the procedure, time, and place of hearing, notice to parties, appearances, requirements of pleading, taking evidence by deposition or otherwise, and other administrative details as to it may appear warranted for […]

Section 21-34-7 – Officers empowered to serve process and carry out orders of court.

21-34-7. Officers empowered to serve process and carry out orders of court. All wardens, sheriffs, marshals, policemen, and peace officers of the state shall have jurisdiction to serve the papers, process, and otherwise carry out the orders and process of any court, lawfully made pursuant to the provisions of this chapter. Source: SDC 1939, §65.0107.

Section 21-34-8 – Source of payment for expenses of officials.

21-34-8. Source of payment for expenses of officials. The expenses of officials in making service or performing other legal duties under this chapter for which expense no fee is allowed by law, shall be paid by the county or from the public funds under control of the public officer, department, commission, or board which may […]

Section 21-34-9 – Costs awarded.

21-34-9. Costs awarded. Costs including attorneys fees may be ordered in the discretion of the court for or against any party involved and paid as other expenses of the proceeding. Source: SDC 1939, §65.0107; SL 1985, ch 171, §4.