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 Feb. 15, 1994; repealed (Supreme Court Order), eff.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 […]
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 […]
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.
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 […]
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 […]
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.
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.
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.
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. […]
23A-45-7.(Rule 54(b)(5)) Proceedings to which title not applicable. This title is not applicable to the following proceedings in the South Dakota Codified Laws: (1)Chapter 21-27, habeas corpus; (2)Chapter 23-13, prevention and investigation of crimes; (3)Chapter 23A-35A, interception of communications; (4)Chapter 23-14, coroners’ inquests; (5)Chapter 23-24, extradition proceedings; (6)Chapter 23-24A, interstate agreement on detainers; (7)Chapter 24-13, […]
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 […]
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; […]
