reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-1.1 - Penal institution disciplinary sanctions--Writ not available remedy.

21-27-1.1. Penal institution disciplinary sanctions--Writ not available remedy.
A writ of habeas corpus is not a remedy available to an applicant who is incarcerated or detained under a lawful order, or judgment and sentence to seek relief from sanctions imposed upon an applicant or administrative decisions made with regard to such application arising out of disciplinary or administrative actions of the penal institution where the applicant is being confined.
Source:
SL 1983, ch 169, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-2 - Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.

21-27-2. Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.
Any person committed for a criminal offense and not brought to trial, as provided by the provisions of this code, is entitled to have the delay inquired into upon a writ of habeas corpus, and the court or judge, upon the return of such writ, shall have power to remand or discharge the applicant or to admit him to bail, with or without sureties as the case may be.
Source:
CCrimP 1877, §678; CL 1887, §7846; RCCrimP 1903, §778; RC 1919, §4984; SDC 1939 & Supp 1960, §37.5502.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-3 - Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.

21-27-3. Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
An application for a writ of habeas corpus shall be in writing and signed by the applicant or some person on his behalf, setting forth the facts concerning his detention and in whose custody he is detained, and shall be accompanied by a copy of the warrant of commitment or other documentary authority, if any, or by an affidavit that such copy has been demanded of the person in whose custody he is detained and by him refused or not given. The application shall identify any previous applications made pursuant to this chapter, together with the grounds therein asserted.
Source:
CCrimP 1877, §§671, 672; CL 1887, §§7839, 7840; RCCrimP 1903, §§771, 772; RC 1919, §§4978, 4979; SDC 1939 & Supp 1960, §37.5501; SL 1983, ch 169, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-3.1 - Time for application.

21-27-3.1. Time for application.
Proceedings under this chapter cannot be maintained while an appeal from the applicant's conviction and sentence is pending or during the time within which such appeal may be perfected.
Source:
SL 1983, ch 169, §4; SL 2012, ch 118, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-3.3 - Two-year statute of limitation.

21-27-3.3. Two-year statute of limitation.
A two-year statute of limitation applies to all applications for relief under this chapter. This limitation period shall run from the latest of:
(1)The date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(2)The date on which the impediment to filing an application created by state action in violation of the constitution or laws of the United States or of this state is removed, if such impediment prevented the applicant from filing;
(3)The date on which the constitutional right asserted in the application was initially recognized by the Supreme Court of the United States or the Supreme Court of this state if the right has both been newly recognized and is retroactively applicable to cases on collateral review; or
(4)The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
Source:
SL 2012, ch 118, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-4 - Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.

21-27-4. Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.
If a person has been committed, detained, imprisoned, or restrained of liberty, under any color or pretense whatever, civil or criminal, and if upon application made in good faith to the court or judge thereof, having jurisdiction, for a writ of habeas corpus, it is satisfactorily shown that the person is without means to prosecute the proceeding, the court or judge shall, if the judge finds that such appointment is necessary to ensure a full, fair, and impartial proceeding, appoint counsel for the indigent person pursuant to chapter 23A-40. Such counsel fees or expenses shall be a charge against and be paid by the county from which the person was committed, or for which the person is held as determined by the court. Payment of all such fees or expenses shall be made only upon written order of the court or judge issuing the writ. The ineffectiveness or incompetence of counsel, whether retained or appointed, during any collateral post-conviction proceeding is not grounds for relief under this chapter.
Source:
SL 1943, ch 126; SDC Supp 1960, §37.5504-1; SL 1969, ch 163; SL 1983, ch 169, §5; SL 2012, ch 118, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-5 - Writ awarded unless application shows no right to relief.

21-27-5. Writ awarded unless application shows no right to relief.
The court or judge to whom the application for a writ of habeas corpus is made, shall forthwith award the writ, unless it shall appear from the application itself or from any document annexed thereto, that the applicant can neither be discharged nor admitted to bail, nor in any other manner relieved.
Source:
CCrimP 1877, §§671, 672; CL 1887, §§7839, 7840; RCCrimP 1903, §§771, 772; RC 1919, §§4978, 4979; SDC 1939 & Supp 1960, §37.5501.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-5.1 - Second or subsequent application for writ--Leave to file--Dismissal.

21-27-5.1. Second or subsequent application for writ--Leave to file--Dismissal.
A claim presented in a second or subsequent habeas corpus application under this chapter that was presented in a prior application under this chapter or otherwise to the courts of this state by the same applicant shall be dismissed.
Before a second or subsequent application for a writ of habeas corpus may be filed, the applicant shall move in the circuit court of appropriate jurisdiction for an order authorizing the applicant to file the application.
The assigned judge shall enter an order denying leave to file a second or successive application for a writ of habeas corpus unless:
(1)The applicant identifies newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact finder would have found the applicant guilty of the underlying offense; or
(2)The application raises a new rule of constitutional law, made retroactive to cases on collateral review by the United States Supreme Court and the South Dakota Supreme Court, that was previously unavailable. The grant or denial of an authorization by the circuit court to file a second or subsequent application shall not be appealable.
Source:
SL 2012, ch 118, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-6 - Forfeiture by judge for refusal or delay in issuing writ--Liability for damages unimpaired.

21-27-6. Forfeiture by judge for refusal or delay in issuing writ--Liability for damages unimpaired.
Any judge empowered by this chapter to issue writs of habeas corpus, who shall corruptly refuse to issue such writ, when legally applied to, in a case where such writ may lawfully issue, or who shall, for the purpose of oppression, unreasonably delay the issuing of such writ, shall, for every such offense, forfeit to the prisoner or person aggrieved a sum not exceeding five hundred dollars. Recovery of the penalty provided herein shall be no bar to a civil suit for damages.
Source:
CCrimP 1877, §§681, 688; CL 1887, §§7849, 7856; RCCrimP 1903, §§781, 788; RC 1919, §§4985, 4990; SDC 1939 & Supp 1960, §37.5507.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-7 - Writ used to produce prisoners for testimony in criminal proceedings.

21-27-7. Writ used to produce prisoners for testimony in criminal proceedings.
The Supreme and circuit courts and the judges thereof shall have power to issue writs of habeas corpus for the purpose of bringing any person imprisoned in any prison before any court or magistrate, to testify in any criminal action or proceeding in any county of the state, and returning such person to such prison.
Source:
CCrimP 1877, §689; CL 1887, §7857; RCCrimP 1903, §789; RC 1919, §4991; SDC 1939 & Supp 1960, §37.5503.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-8 - Signature and direction of writ--Endorsement by Habeas Corpus Act.

21-27-8. Signature and direction of writ--Endorsement by Habeas Corpus Act.
The writ of habeas corpus, if issued by the court, shall be under the seal of the court, or if by a judge, under his hand; and shall be directed to the person in whose custody the applicant is detained. To the end that no officer, sheriff, jailer, keeper, or other person to whom such writ is directed may pretend ignorance thereof, every such writ shall be endorsed with these words, By the Habeas Corpus Act.
Source:
CCrimP 1877, §671; CL 1887, §7839; RCCrimP 1903, §771; RC 1919, §4978; SDC 1939 & Supp 1960, §37.5501; SL 1983, ch 169, §6.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-9.1 - Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.

21-27-9.1. Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
The writ of habeas corpus may be served by the sheriff, coroner, or any person appointed for that purpose by the court or judge by whom the writ is entered; if served by a person not an officer, he has the same power, and is liable to the same penalty for nonperformance of his duty, as though he were sheriff. Service shall be made by leaving a copy of the order with the person to whom it is directed, or with any of his subordinates who may be at the place where the applicant is detained. If the respondent does not have the applicant imprisoned or restrained in custody, the service may be made upon any person who has the applicant in custody with the same effect as though he had been made a respondent. Concurrent service of the writ of habeas corpus shall be made upon the state's attorney of the county in which the application is made.
Source:
SL 1983, ch 169, §8; SL 1984, ch 161, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-9.2 - Production of applicant--Payment of expenses--Applicant in state hospital or correctional facility.

21-27-9.2. Production of applicant--Payment of expenses--Applicant in state hospital or correctional facility.
The officer or person upon whom the writ of habeas corpus is served shall produce the body of the applicant before the court at the hearing of the cause of imprisonment or detainer. If the applicant is in the custody of a civil officer, the court or judge who granted the writ shall determine the expense of bringing the applicant to court, which shall be paid prior to the hearing. If remanded, security must be given to pay the charges for carrying the applicant back. If the applicant is confined in a state correctional facility or state hospital, the court shall issue an order commanding the sheriff of the county in which the application is made to take custody of the applicant during the pendency of any proceedings before the court and to transport the applicant from and return the applicant to a state correctional facility or state hospital if the applicant is not released.
Source: SL 1983, ch 169, §9; SL 1984, ch 161, §2; SL 2023, ch 82, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-9.3 - Return to writ--Time for filing--Content.

21-27-9.3. Return to writ--Time for filing--Content.
The state's attorney of the county in which the writ of habeas corpus was issued shall file a return to the writ within fifteen days unless for good cause additional or less time, is granted. The return shall state the true cause or authority for the detention.
Source:
SL 1983, ch 169, §10; SL 1984, ch 161, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-10 - Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.

21-27-10. Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.
If any officer, sheriff, jailer, keeper, or other person to whom any writ of habeas corpus is directed shall neglect or refuse to make the return, or to bring the body of the applicant according to the command of such writ, he shall be punished as for contempt and shall also forfeit to the prisoner or person aggrieved a sum not exceeding five hundred dollars. Recovery of the penalties provided herein shall be no bar to a civil suit for damages.
Source:
CCrimP 1877, §§682, 688; CL 1887, §§7850, 7856; RCCrimP 1903, §§782, 788; RC 1919, §§4986, 4990; SDC 1939 & Supp 1960, §37.5507.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-11 - Transfer or concealment of applicant to avoid writ as felony.

21-27-11. Transfer or concealment of applicant to avoid writ as felony.
Anyone having a person in his custody or under his restraint, power, or control for whose relief a writ of habeas corpus is issued who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place him or her under the control of another, or shall conceal him or her, or change the place of his or her confinement, with intent to avoid the operation of such writ, or with intent to remove him or her out of this state, is guilty of a Class 5 felony.
Source:
CCrimP 1877, §683; CL 1887, §7851; RCCrimP 1903, §783; RC 1919, §4987; SDC 1939 & Supp 1960, §37.9905; SL 1979, ch 150, §26.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-12 - Day set for hearing of cause.

21-27-12. Day set for hearing of cause.
Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer, not exceeding thirty days thereafter, unless for good cause additional or less time is allowed.
Source:
CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, §773; RC 1919, §4980; SDC 1939 & Supp 1960, §37.5504; SL 1983, ch 169, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-13 - Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.

21-27-13. Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.
The applicant for a writ of habeas corpus may deny any of the material facts set forth in the return or may allege any fact to show, either that the imprisonment or detention is unlawful or that he is then entitled to his discharge, which allegations or denials shall be made on oath. The return may be amended by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, in order that all material facts may be ascertained.
Source:
CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, §773; RC 1919, §4980; SDC 1939 & Supp 1960, §37.5504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-14 - Hearing and disposition of cause by judge.

21-27-14. Hearing and disposition of cause by judge.
The court or judge shall proceed in a summary way to settle the facts by hearing the evidence and arguments, as well of all persons interested civilly, if any there be, as of the applicant and the person who holds him in custody, and shall dispose of the applicant as the case may require.
Source:
CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, §773; RC 1919, §4980; SDC 1939 & Supp 1960, §37.5504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-14.1 - Judge to hear application.

21-27-14.1. Judge to hear application.
The application shall be heard before any judge of the court in which the conviction took place. A record of the proceedings shall be made and kept. There may be no proceedings on an application by a judge who imposed sentence on the applicant or who otherwise denied him relief concerning the subject matter involved in the application.
Source:
SL 1983, ch 169, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-15 - Judgment not inquired into on writ.

21-27-15. Judgment not inquired into on writ.
No court or judge, on the return of a writ of habeas corpus, shall in any other manner inquire into the legality or justice of a judgment or decree of a court legally constituted.
Source:
CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, §773; RC 1919, §4980; SDC 1939 & Supp 1960, §37.5504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-16 - Causes for discharge of applicant committed on judicial process.

21-27-16. Causes for discharge of applicant committed on judicial process.
If it appears on the return of a writ of habeas corpus that the applicant is in custody by virtue of process from any court legally constituted, he can be discharged only for one or more of the following causes:
(1)When the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum, or person;
(2)Where, though the original imprisonment was lawful, yet by some act, omission, or event, which has subsequently taken place, the party has become entitled to his discharge;
(3)Where the process is defective in some substantial form required by law;
(4)Where the process, though in proper form, has been issued in a case or under circumstances where the laws do not allow process or orders for imprisonment or arrest to issue;
(5)When, although in proper form, the process has been issued or executed by a person either unauthorized to issue or execute the same, or where the person having the custody of the applicant, under the process, is not the person empowered by law to detain him;
(6)Where the process appears to have been obtained by fraud, false pretense, or bribery;
(7)Where there is no general law nor any judgment, order, or decree of a court to authorize the process, if in a civil suit, nor any conviction, if in a criminal proceeding.
Source:
CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, §773; SL 1915, ch 145; RC 1919, §4980; SDC 1939 & Supp 1960, §37.5504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-17 - New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.

21-27-17. New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
In all cases where the imprisonment is in a criminal, or supposed criminal matter, if it shall appear to the court or judge that there is sufficient legal cause for the commitment of the applicant, although such commitment may have been informally made or without due authority, or the process may have been executed by a person not authorized, the court or judge shall make a new commitment in proper form, directed to the proper officer, or shall admit the applicant to bail, if the case be bailable, as upon a preliminary examination.
Source:
CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, §773; RC 1919, §4980; SDC 1939 & Supp 1960, §37.5504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-18 - Admission to bail of applicant in custody under judicial process.

21-27-18. Admission to bail of applicant in custody under judicial process.
Sections 21-27-19 to 21-27-24, inclusive, shall control the admission to bail where the application for the writ of habeas corpus is by or in behalf of a person in custody under judicial process.
Source:
Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-18.1 - Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.

21-27-18.1. Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.
A final judgment or order entered under this chapter may not be reviewed by the Supreme Court of this state on appeal unless the circuit judge who renders the judgment or a justice of the Supreme Court issues a certificate of probable cause that an appealable issue exists. A motion seeking issuance of a certificate of probable cause shall be filed within thirty days from the date the final judgment or order is entered. The issuance or refusal to issue a certificate of probable cause is not appealable. However, a party may, upon the circuit court judge's refusal to issue a certificate of probable cause, file a separate motion for issuance of a certificate of probable cause with the Supreme Court within twenty days of the entry of the circuit judge's refusal. Any party filing a motion with the Supreme Court shall serve a copy of the motion upon the opposing party, who shall have ten days to respond. The applying party shall then have five days to reply to such response. If a certificate of probable cause is issued the appeal may be brought by an applicant or the state within thirty days after entry of the certificate of probable cause.
Service of either a motion for a certificate of probable cause or of an appeal must be made upon both the attorney general and the appropriate state's attorney when the motion is made or the appeal is taken by the party seeking the habeas corpus relief.
Source:
SL 1983, ch 169, §14; SL 1986, ch 174; Supreme Court Rule 89-15; SL 2002, ch 250, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-19 - Admission to bail on grant of writ.

21-27-19. Admission to bail on grant of writ.
When the writ of habeas corpus is granted, the court or judge granting the writ may, within its discretion, admit the prisoner to bail, pending further order of the court.
Source:
Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-20 - Supreme Court order required for admission to bail pending application for writ or pending appellate review.

21-27-20. Supreme Court order required for admission to bail pending application for writ or pending appellate review.
The prisoner shall not be admitted to bail pending application for the writ of habeas corpus, or pending appellate review of an order refusing the writ, except by order of the Supreme Court or one of the judges thereof.
Source:
Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-21 - Remand to custody or admission to bail pending review of order discharging writ.

21-27-21. Remand to custody or admission to bail pending review of order discharging writ.
Pending appellate review of an order discharging a writ of habeas corpus after it has been issued, the prisoner may be remanded to the custody from which he was taken by the writ, or detained in other appropriate custody, or admitted to bail, as to the court or judge rendering the decision may appear fitting in the circumstances of the particular case.
Source:
Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-22 - Bail without surety pending review of order discharging prisoner.

21-27-22. Bail without surety pending review of order discharging prisoner.
Pending appellate review of an order discharging a prisoner on habeas corpus, he shall be admitted to bail without surety.
Source:
Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (4).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-23 - Admission to bail by Supreme Court pending review.

21-27-23. Admission to bail by Supreme Court pending review.
Where the writ of habeas corpus is refused, or where the writ is discharged after having been issued, and the prisoner has been denied bail, he may be admitted to bail by the Supreme Court or one of the judges thereof, pending appellate review.
Source:
Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (5).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-24 - Terms of bond given on admission to bail--Surety.

21-27-24. Terms of bond given on admission to bail--Surety.
When the prisoner is admitted to bail, he shall furnish a bond in such sum as the court directs, conditioned that he shall render himself amenable to all orders and process of the court or judge and that he will forthwith comply with any order directing his return to custody. Except as to the bond of a prisoner whose discharge has been ordered, the bond must be with the same surety as required on a bail bond of a defendant in a criminal action.
Source:
Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (6).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-25 - Order for temporary custody of person not held under judicial process--Security required of person granted custody.

21-27-25. Order for temporary custody of person not held under judicial process--Security required of person granted custody.
Where a writ of habeas corpus is granted in proceedings involving the custody of a person not held under judicial process, the court shall have discretion to make a proper order concerning the temporary custody of such person pending final determination of the proceeding or pending appeal and may, as a condition of such order, require from the person granted such custody security, through bond or otherwise, for the production of such person at such time and place as the court orders, and for the safety and well-being of such person during such temporary custody.
Source:
Supreme Court Rule 622, 1939; SDC 1939 & Supp 1960, §37.5508.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ.

21-27-26. Order remanding applicant to custody--Conclusive on second application for writ.
When any person shall be remanded in any habeas corpus proceeding, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff or other person to whose custody he shall be remanded an order in writing stating the cause or causes of remanding him. If such person shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same shall be directed, to return therewith the order aforesaid, and if it shall appear that such person was remanded for any offense adjudged not bailable, it shall be taken and received as conclusive and the applicant shall be remanded without further proceedings.
Source:
CCrimP 1877, §675; CL 1887, §7843; RCCrimP 1903, §775; RC 1919, §4981; SDC 1939 & Supp 1960, §37.5505.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-27 - Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.

21-27-27. Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.
It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge any person, if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court or judge shall, on the return of such second writ, have power only to admit such person to bail, where the offense is bailable by law, or remand him to prison where the offense is not bailable, or where such person shall fail to give the bail required.
Source:
CCrimP 1877, §676; CL 1887, §7844; RCCrimP 1903, §776; RC 1919, §4982; SDC 1939 & Supp 1960, §37.5505.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-28 - Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.

21-27-28. Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
No person who has been discharged by order of a court or judge upon a writ of habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he be afterward prosecuted for the same offense; nor unless by the legal order or process of the court wherein he is bound by recognizance to appear. The following shall not be deemed to be the same cause:
(1)If after a discharge for a defect of proof, or on any material defect in the commitment in a criminal case, such person should be again arrested on sufficient proof, and committed by legal process for the same offense;
(2)If in a civil suit such person has been discharged for any illegality in the judgment or process, and is afterward imprisoned by legal process for the same cause of action;
(3)Generally, whenever the discharge has been ordered on account of the nonobservance of any of the forms required by law, such person may be a second time imprisoned, if the cause be legal, and the forms required by law observed.
Source:
CCrimP 1877, §677; CL 1887, §7845; RCCrimP 1903, §777; RC 1919, §4983; SDC 1939 & Supp 1960, §37.5506.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 27 - Habeas Corpus › Section 21-27-29 - Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.

21-27-29. Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.
Any person who, knowing that another has been discharged by order of a competent judge or tribunal on a writ of habeas corpus, shall, contrary to the provisions of this chapter, arrest or detain him again for the same cause which was shown on the return of such writ, shall forfeit to the prisoner or person aggrieved five hundred dollars for the first offense and one thousand dollars for every subsequent offense. Recovery of the penalties provided herein shall be no bar to a civil suit for damages.
Source:
CCrimP 1877, §§685, 688; CL 1887, §§7853, 7856; RCCrimP 1903, §§785, 788; RC 1919, §§4989, 4990; SDC 1939 & Supp 1960, §37.5507.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-1 - Civil action available in lieu of writ and proceedings by information.

21-28-1. Civil action available in lieu of writ and proceedings by information.
The remedies formerly attained by a writ of scire facias, writ of quo warranto, and proceedings by information in the nature of quo warranto, may be obtained by civil actions under the provisions of this chapter.
Source:
CCivP 1877, §531; CL 1887, §5345; RCCivP 1903, §570; RC 1919, §2781; SL 1919, ch 289, §1; SDC 1939 & Supp 1960, §37.0501.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-2 - Persons entitled to bring action--Grounds for action.

21-28-2. Persons entitled to bring action--Grounds for action.
An action may be brought by any state's attorney in the name of the state, upon his own information or upon the complaint of a private party, or an action may be brought by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, against the party offending in the following cases:
(1)When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state;
(2)When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office;
(3)When any association or number of persons shall act within this state as a corporation, without being duly incorporated.
Source:
CCivP 1877, §534; CL 1887, §5348; RCCivP 1903, §573; RC 1919, §2784; SL 1919, ch 289, §4; SDC 1939 & Supp 1960, §37.0509.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-3 - Designation of parties plaintiff.

21-28-3. Designation of parties plaintiff.
When the action described by §21-28-1 is prosecuted by the state's attorney, the State of South Dakota shall be plaintiff; when it is prosecuted by a private person, such person shall be the plaintiff therein and the proceedings in such action shall be the same as in an action by a private person except as otherwise specially provided.
Source:
SL 1919, ch 289, §1; SDC 1939 & Supp 1960, §37.0501.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-4 - Relator joined with state as party--Security required to indemnify state.

21-28-4. Relator joined with state as party--Security required to indemnify state.
When an action shall be brought by the state's attorney by virtue of this chapter, on the relation or information of a person having an interest in the question, the name of such person shall be joined with the state as relator, and in every such case the state's attorney may require, as a condition for bringing such action, that satisfactory security shall be given to indemnify the state against costs and expenses to be incurred thereby.
Source:
CCivP 1877, §535; CL 1887, §5349; RCCivP 1903, §574; RC 1919, §2785; SDC 1939 & Supp 1960, §37.0511.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-5 - Joinder of several claimants as defendants.

21-28-5. Joinder of several claimants as defendants.
Where several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.
Source:
CCivP 1877, §541; CL 1887, §5355; RCCivP 1903, §580; RC 1919, §2791; Supreme Court Rule 561, 1939; SDC 1939 & Supp 1960, §37.0512.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-6 - Name of person entitled to office set forth in complaint.

21-28-6. Name of person entitled to office set forth in complaint.
Whenever such action shall be brought against a person for usurping an office, the state's attorney or person having a special interest in the action, in addition to the statement of the cause of action, may also set forth in the complaint, the name of the person rightfully entitled to the office, with a statement of his right thereto.
Source:
CCivP 1877, §536; CL 1887, §5350; RCCivP 1903, §575; RC 1919, §2786; SL 1919, ch 289, §5; SDC 1939 & Supp 1960, §37.0510.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-7 - Arrest and holding to bail of defendant who has received emoluments of office.

21-28-7. Arrest and holding to bail of defendant who has received emoluments of office.
In an action against a person for usurping an office, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his usurpation thereof, an order may be granted by a judge of the court for the arrest of such defendant, and holding him to bail; and thereupon he shall be arrested and held to bail, in the manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.
Source:
CCivP 1877, §536; CL 1887, §5350; RCCivP 1903, §575; RC 1919, §2786; SL 1919, ch 289, §5; SDC 1939 & Supp 1960, §37.0510.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-8 - Judgment on defendant's right to office and right of person allegedly entitled.

21-28-8. Judgment on defendant's right to office and right of person allegedly entitled.
In every such case judgment shall be rendered upon the right of the defendant, and also upon the right of the party alleged to be entitled as provided by §21-28-6, or only upon the right of the defendant, as justice shall require.
Source:
CCivP 1877, §537; CL 1887, §5351; RCCivP 1903, §576; RC 1919, §2787; SDC 1939 & Supp 1960, §37.0513.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-9 - Execution of office by person adjudged to be entitled--Demand of books and papers from defendant.

21-28-9. Execution of office by person adjudged to be entitled--Demand of books and papers from defendant.
If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office; and it shall be his duty immediately thereafter, to demand of the defendant in the action all the books and papers in his custody or within his control belonging to the office from which he shall have been excluded.
Source:
CCivP 1877, §538; CL 1887, §5352; RCCivP 1903, §577; RC 1919, §2788; SDC 1939 & Supp 1960, §37.0514.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-10 - Failure to deliver books and papers to successful claimant as misdemeanor--Proceedings to compel delivery.

21-28-10. Failure to deliver books and papers to successful claimant as misdemeanor--Proceedings to compel delivery.
No person shall refuse or neglect to deliver the books or papers of any office pursuant to the demand of the successful claimant to the office after the judgment in such action. The same proceedings shall be had and with the same effect to compel delivery of such books and papers as may be otherwise prescribed by law. A violation of this section is a Class 2 misdemeanor.
Source:
CCivP 1877, §539; CL 1887, §5353; RCCivP 1903, §578; RC 1919, §2789; SDC 1939 & Supp 1960, §§37.0516, 37.9901; SL 1979, ch 150, §27.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-11 - Action for damages by successful claimant of office.

21-28-11. Action for damages by successful claimant of office.
If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation by the defendant of the office from which such defendant has been excluded.
Source:
CCivP 1877, §540; CL 1887, §5354; RCCivP 1903, §579; RC 1919, §2790; SDC 1939 & Supp 1960, §37.0515.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-12 - Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds.

21-28-12. Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds.
An action may be brought by any state's attorney in the name of the state or by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, for the purpose of vacating the charter or articles of incorporation, or for annulling the existence of corporations other than municipal, whenever such corporation shall:
(1)Offend against any of the laws creating, altering, or renewing such corporation;
(2)Violate the provisions of any law, by which such corporation shall have forfeited its charter or articles of incorporation by abuse of its power;
(3)Have forfeited its privileges of franchises by a failure to exercise its powers;
(4)Have done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises;
(5)Exercise a franchise or privilege not conferred upon it by law.
Source:
CCivP 1877, §532; CL 1887, §5346; RCCivP 1903, §571; RC 1919, §2782; SL 1919, ch 289, §2; SDC 1939 & Supp 1960, §37.0502.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-13 - Leave to bring action against corporation--Notice and hearing of corporation and officers.

21-28-13. Leave to bring action against corporation--Notice and hearing of corporation and officers.
Leave to bring the action may be granted upon the application of any state's attorney or of any person who has a special interest in the action, and the court or judge may, at its discretion, direct notice of such application to be given to the corporation or its officers, previous to granting such leave, and may hear the corporation in opposition thereto.
Source:
CCivP 1877, §533; CL 1887, §5347; RCCivP 1903, §572; RC 1919, §2783; SL 1919, ch 289, §3; SDC 1939 & Supp 1960, §37.0503.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-14 - Duty of state's attorney to bring action against corporation--Security to indemnify state.

21-28-14. Duty of state's attorney to bring action against corporation--Security to indemnify state.
It shall be the duty of any state's attorney, whenever he shall have reason to believe that any of the acts or omissions described in §21-28-12 can be established by proof, to apply for leave, and upon leave granted, to bring an action in every case of public interest and also in every other case in which security shall be given to indemnify the state against the costs and expenses to be incurred thereby.
Source:
CCivP 1877, §532; CL 1887, §5346; RCCivP 1903, §571; RC 1919, §2782; SL 1919, ch 289, §2; SDC 1939 & Supp 1960, §37.0502.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-15 - Judgment for dissolution of corporation.

21-28-15. Judgment for dissolution of corporation.
If it shall be adjudged that a corporation against which an action shall have been brought, pursuant to this chapter, has by neglect, abuse, or surrender, forfeited its corporate rights, privileges, and franchises, judgment shall be rendered that the corporation be excluded from such corporate rights, privileges, and franchises, and that the corporation be dissolved.
Source:
CCivP 1877, §543; CL 1887, §5357; RCCivP 1903, §582; RC 1919, §2793; SDC 1939 & Supp 1960, §37.0504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-16 - Costs awarded in action against corporation--Collection from directors or officers.

21-28-16. Costs awarded in action against corporation--Collection from directors or officers.
If judgment be rendered in such action against a corporation or against a person claiming to be a corporation, the court may cause the costs therein to be collected by execution against the person claiming to be a corporation, or by attachment or process against the directors or other officers of such corporation.
Source:
CCivP 1877, §544; CL 1887, §5358; RCCivP 1903, §583; RC 1919, §2794; SDC 1939 & Supp 1960, §37.0505.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-17 - Injunction, receivership, and distribution on judgment against corporation.

21-28-17. Injunction, receivership, and distribution on judgment against corporation.
When such judgment shall be rendered against a corporation, the court has power to restrain the corporation, to appoint a receiver of its property, and to take an account and make distribution thereof among its creditors; and the state's attorney must, immediately after the rendition of such judgment, institute proceedings for that purpose.
Source:
CCivP 1877, §545; CL 1887, §5359; RCCivP 1903, §584; RC 1919, §2795; SDC 1939 & Supp 1960, §37.0506.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-18 - Recording by secretary of state of judgment against corporation.

21-28-18. Recording by secretary of state of judgment against corporation.
Upon the rendition of such judgment against a corporation, the state's attorney must cause a copy of the judgment to be forthwith filed in the Office of the Secretary of State, whose duty it shall be to record the same.
Source:
CCivP 1877, §546; CL 1887, §5360; RCCivP 1903, §585; RC 1919, §2796; SDC 1939 & Supp 1960, §37.0507.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-19 - Judgment of exclusion against claimant to office or corporation--Costs--Pecuniary penalty.

21-28-19. Judgment of exclusion against claimant to office or corporation--Costs--Pecuniary penalty.
When a defendant, whether a natural person or a corporation, against whom a civil action authorized by this chapter shall have been brought shall be adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise, or privilege, judgment shall be rendered that such defendant be excluded from such office, franchise, or privilege, and also that the plaintiff recover costs against such defendant. The court may also, in its discretion, assess a penalty not exceeding five hundred dollars against the defendant which penalty may be collected as a part of the judgment and the defendant shall be subject to body execution for collection of the same, and which when collected shall be paid into the treasury of the state.
Source:
CCivP 1877, §542; CL 1887, §5356; RCCivP 1903, §581; RC 1919, §2792; SDC 1939 & Supp 1960, §37.0517.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias › Section 21-28-20 - Action for recovery of property forfeited to state.

21-28-20. Action for recovery of property forfeited to state.
Whenever, by the provisions of law, any property, real or personal, shall be forfeited to the state, or to any officer for its use, an action for the recovery of such property, alleging the ground of the forfeiture, may be brought by the state's attorney in the circuit court for the county where the property is situated.
Source:
CCivP 1877, §547; CL 1887, §5361; RCCivP 1903, §586; RC 1919, §2797; SDC 1939 & Supp 1960, §37.0508.