reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-7 - Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.

23A-43-7. Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.
A committing magistrate or court ordering the release of a defendant on any condition specified in §23A-43-2 or 23A-43-3 may at any time amend his or its order to impose additional or different conditions of release. If, however, the imposition of such additional or different conditions results in the detention of the defendant as a result of his inability to meet such conditions or in the release of the defendant on a condition requiring him to return to custody after specified hours, the provisions of §§23A-43-8 to 23A-43-10, inclusive, shall apply.
Source:
SL 1978, ch 178, §512.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-8 - Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.

23A-43-8. Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.
A defendant for whom conditions of release are imposed and who after twenty-four hours from the time of the release hearing, continues to be detained as a result of his inability to meet the conditions of release, may, upon application, have the conditions reviewed by the committing magistrate, the court that imposed them, or a circuit court having jurisdiction of the defendant and the offense charged. Unless the conditions of release are amended and the person is thereupon released, the committing magistrate or court shall set forth in writing the reasons for requiring the conditions imposed.
Source:
SL 1978, ch 178, §511; SL 1983, ch 193.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-9 - Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.

23A-43-9. Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.
A defendant who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the committing magistrate or court that imposed the condition. Unless the requirement is removed and the person is thereupon released on another condition, the committing magistrate or court shall set forth in writing the reasons for continuing the requirement.
Source:
SL 1978, ch 178, §511.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-10 - Review by another magistrate when committing magistrate unavailable.

23A-43-10. Review by another magistrate when committing magistrate unavailable.
If the magistrate or court that imposed the conditions of release is not available for review pursuant to §23A-43-8 or 23A-43-9, any other committing magistrate or court in the circuit may review such conditions.
Source:
SL 1978, ch 178, §511.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-11 - Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.

23A-43-11. Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.
If at any time during the course of a prosecution it appears that a defendant who has been conditionally released is not subject to the jurisdiction of the court imposing such conditions, and it appears that he is subject to prosecution in another court, the committing magistrate or court that imposed such conditions shall, following the procedure specified in §§23A-43-2 and 23A-43-3, continue such conditions of release, or alter them if necessary, in such manner as will insure that he, within such time as the committing magistrate or court shall specify, will render himself amenable to a warrant for his arrest from the proper court, and if not sooner arrested thereon, will go to the office of the sheriff of the county where the prosecution had been initiated, at a time specified in the order, to surrender himself upon the warrant if issued. The clerk of the court imposing such continued or altered conditions of release shall within ten days transmit all papers in the action filed with him, including bail if posted, to the prosecuting attorney of the proper jurisdiction.
Source:
SL 1978, ch 178, §508.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-12 - Information considered in bail proceedings need not conform to rules of evidence.

23A-43-12. Information considered in bail proceedings need not conform to rules of evidence.
Information stated in, or offered in connection with, any order entered pursuant to §§23A-43-1 to 23A-43-13, inclusive, need not conform to the rules pertaining to the admissibility of evidence in a court of law.
Source:
SL 1978, ch 178, §513.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-13 - Disposition of cases by forfeiture of collateral not prohibited.

23A-43-13. Disposition of cases by forfeiture of collateral not prohibited.
Nothing contained in §§23A-43-1 to 23A-43-12, inclusive, shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court.
Source:
SL 1978, ch 178, §514.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-14 - Motion for amendment by circuit judge of conditions of release.

23A-43-14. Motion for amendment by circuit judge of conditions of release.
A defendant who is detained, or whose release on a condition requiring him to return to custody after specified hours is continued, after review of his application pursuant to §23A-43-7, 23A-43-8, 23A-43-9, or 23A-43-10 by a committing magistrate, other than a judge of the court having original jurisdiction over the offense with which he is charged or a justice of the Supreme Court, may move the circuit court having original jurisdiction over the offense with which he is charged to amend the order.
Source:
SL 1978, ch 178, §515.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-15 - Appeal to Supreme Court for amendment of conditions of release--Disposition by court.

23A-43-15. Appeal to Supreme Court for amendment of conditions of release--Disposition by court.
In any case in which a defendant is detained after a court denies a motion under §23A-43-14 to amend an order imposing conditions of release, or after conditions of release have been imposed or amended by a judge of the court having original jurisdiction over the offense charged, an appeal may be taken to the Supreme Court. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not so supported, the Supreme Court may remand the case for a further hearing, or may, with or without additional evidence, order the defendant released pursuant to §§23A-43-2 and 23A-43-3.
Source:
SL 1978, ch 178, §516.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-16 - Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.

23A-43-16. Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.
On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment, pending the expiration of time for filing notice of appeal, and pending the outcome of the appeal. The court in determining the eligibility of the defendant for release shall consider the criteria as set forth in §23A-43-4, the risk that the defendant will flee or pose a danger to any person or to the community, and in the case of an appeal, whether the appeal is frivolous or taken for purposes of delay. If the court in its discretion determines that the defendant is eligible for release, the court shall release the defendant in accordance with §§23A-43-2 and 23A-43-3. If, however, the judgment imposes only a fine, conditional release under this section is a matter of right. The provisions of §§23A-43-14 and 23A-43-15 do not apply to persons described in this section; however, other rights to judicial review of conditions of release or orders of detention are not affected.
Source:
SDC 1939 & Supp 1960, §34.1803; SDCL, §23-26-4; SL 1978, ch 178, §517; SL 1985, ch 200, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-17 - (Rule 46(c)) Burden of proof as to risk of flight or danger.

23A-43-17.(Rule 46(c)) Burden of proof as to risk of flight or danger.
On a motion pursuant to §23A-43-16, the burden of establishing that a defendant will not flee or pose a danger to any other person or to the community rests with the defendant.
Source:
SL 1978, ch 178, §518; SL 1985, ch 200, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-18 - Conditions of release imposed on material witness--Release after deposition taken.

23A-43-18. Conditions of release imposed on material witness--Release after deposition taken.
If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and if it is shown that it may become impracticable to secure his presence by subpoena, a committing magistrate or court shall impose conditions of release upon him pursuant to §§23A-43-2 and 23A-43-3. No material witness shall be detained because of his inability to comply with any condition of release if his testimony can adequately be secured by deposition, and further detention is not necessary to prevent a failure of justice, but his release may be delayed for a reasonable period of time until his deposition can be taken pursuant to chapter 23A-12.
Source:
SDC 1939 & Supp 1960, §34.1410; SDCL, §§23-27-22, 23-27-23; SL 1978, ch 178, §519.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-19 - Order for commitment or better security from person about to abscond--Order of arrest.

23A-43-19. Order for commitment or better security from person about to abscond--Order of arrest.
When proof is made to any committing magistrate that a person previously released on the execution of an appearance bail bond with one or more sureties is about to abscond, and that his bail is insufficient, the committing magistrate shall require such person to give better security or, for default thereof, cause him to be committed. An order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued, by such committing magistrate, setting forth the cause thereof.
Source:
SDC 1939 & Supp 1960, §34.1807; SDCL, §23-26-8; SL 1978, ch 178, §520.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-20 - (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.

23A-43-20.(Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.
Every surety, except a corporate surety authorized by chapter 58-21, shall justify by affidavit and may be required to describe in the affidavit the property by which he proposes to justify and the encumbrances on it, the number and amount of other bonds and undertakings for bail entered into by him and remaining undischarged and all his other liabilities. No bond shall be approved unless the surety or sureties, in the opinion of the judge, or magistrate authorized to admit to bail, are financially responsible in at least the amount of the bond. No practicing attorney shall be a surety on any bond.
Source:
CCrimP 1877, §555; CL 1887, §7607; RCCrimP 1903, §588; RC 1919, §4598; SDC 1939 & Supp 1960, §34.1805; SDCL, §23-26-6; SL 1978, ch 178, §521.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-21 - (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.

23A-43-21.(Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.
Upon a showing that there has been a material breach of a condition of release without good cause, the court shall declare a forfeiture of the bond, if any, and shall enter an order revoking the conditions of release. If the defendant is not in custody, the court shall direct the clerk to issue a warrant for the defendant's arrest. The defendant shall remain in custody until discharged by due course of law.
Source:
SDC 1939 & Supp 1960, §34.1809; SDCL, §23-26-11; SL 1978, ch 178, §522; SL 1979, ch 159, §41.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-22 - (Rule 46(e)(2)) Setting aside forfeiture of bail.

23A-43-22.(Rule 46(e)(2)) Setting aside forfeiture of bail.
A court may direct that a forfeiture be set aside, upon such conditions as it may impose, if it appears that justice does not require enforcement of the forfeiture.
Source:
CCrimP 1877, §559; CL 1887, §7611; RCCrimP 1903, §592; RC 1919, §4602; SDC 1939 & Supp 1960, §34.1809; SDCL, §23-26-12; SL 1978, ch 178, §523.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-23 - (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.

23A-43-23.(Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.
When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the clerk of the court of the county as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors at their last known addresses.
Source:
SL 1978, ch 178, §524.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-24 - (Rule 46(e)(4)) Remission of bond after entry of judgment.

23A-43-24.(Rule 46(e)(4)) Remission of bond after entry of judgment.
After entry of such judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture.
Source:
SL 1978, ch 178, §526.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-25 - Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.

23A-43-25. Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.
After the forfeiture of recognizance, bond or undertaking of bail, including an appearance bond, the prosecuting attorney shall proceed, with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail, including an appearance bond, is forfeited, the clerk of the court or other officer with whom it is deposited, shall monthly pay the money deposited to the county treasurer who shall deposit it in the county treasury. This section is not to be construed to include bonds assessed for violations of traffic or other misdemeanor violations included on an approved fine and bond schedule adopted by a circuit court for use by lay magistrates and law enforcement officials for purposes of levying a fine and costs to permit a violator to submit a power of attorney in lieu of a court appearance. Bonds which have been submitted in payment of such violations, accompanied by either a signed or unsigned power of attorney, shall be deposited in accordance with state laws governing the deposit of such fines, liquidated court costs and surcharges.
Source:
SDC 1939 & Supp 1960, §34.1809; SDCL, §23-26-13; SL 1974, ch 158, §5; SL 1978, ch 173, §1; SL 1978, ch 178, §525; SL 1979, ch 159, §42; SL 1982, ch 170, §6; SL 1996, ch 157.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-25.1 - Reinstated bond or undertaking paid to officer with whom originally deposited.

23A-43-25.1. Reinstated bond or undertaking paid to officer with whom originally deposited.
Upon order of the court for the reinstatement of bond or undertaking of bail, previously forfeited, the county treasurer shall pay to the clerk of court or other officer with whom it was originally deposited such bond or undertaking of bail.
Source:
SL 1978, ch 173, §2; SDCL Supp, §23-26-13.1; SL 1979, ch 159, §43.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-26 - (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.

23A-43-26.(Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.
When the condition of a bond has been satisfied or the forfeiture of a bond has been set aside or remitted, a court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.
Source:
SL 1978, ch 178, §527.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-27 - Exoneration of bail on commitment under sentence.

23A-43-27. Exoneration of bail on commitment under sentence.
When a defendant is committed pursuant to §23A-26-12, the court shall exonerate his bail pursuant to §23A-43-24.
Source:
CCrimP 1877, §410; CL 1887, §7437; RCCrimP 1903, §417; RC 1919, §4934; SDC 1939 & Supp 1960, §34.3676; SDCL, §23-48-2; SL 1978, ch 178, §528.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-28 - Exoneration of bail on commitment as mentally ill.

23A-43-28. Exoneration of bail on commitment as mentally ill.
If a defendant is committed as mentally ill, the court shall exonerate his bail pursuant to §23A-43-24.
Source:
SDC 1939 & Supp 1960, §34.2004; SDCL, §23-38-7; SL 1978, ch 175, §9; SL 1978, ch 178, §529.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-29 - Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.

23A-43-29. Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.
Any defendant who is released on the execution of an appearance bail bond with one or more sureties may, if he violates the conditions of his release, in vacation, be arrested by his surety, delivered to a law enforcement officer, and brought before any committing magistrate. At the request of such surety, the committing magistrate shall recommit the defendant to the custody of the law enforcement officer, and endorse on the recognizance, or certified copy thereof, the discharge and exoneretur of the surety. The person so committed shall be held in custody until discharged by due course of law.
Source:
SDC 1939 & Supp 1960, §34.1808; SDCL, §§23-26-9, 23-26-10; SL 1978, ch 178, §530.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-30 - (Rule 46(g)) Court supervision to eliminate unnecessary detention.

23A-43-30.(Rule 46(g)) Court supervision to eliminate unnecessary detention.
A court shall exercise supervision over the detention of defendants and witnesses pending trial for the purpose of eliminating all unnecessary detention.
Source:
SL 1978, ch 178, §531.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-31 - Failure to appear after release as forfeiture of security--Felony or misdemeanor.

23A-43-31. Failure to appear after release as forfeiture of security--Felony or misdemeanor.
Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of §25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall:
(1)If such person was released in connection with a charge of a felony, an alleged felony violation of §32-23-1, or fails to report for a jail or state correctional facility sentence for any offense, be guilty of a Class 6 felony;
(2)If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or
(3)If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor.
Source: SL 1976, ch 158, §43-2; SDCL Supp, §§23-26-14 to 23-26-16; SL 1978, ch 178, §533; SL 1994, ch 182; SL 1998, ch 153, §1; SL 2006, ch 130, §7; SL 2023, ch 82, §49.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 43 - Bail › Section 23A-43-32 - Contempt powers of courts unimpaired.

23A-43-32. Contempt powers of courts unimpaired.
Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt.
Source:
SL 1978, ch 178, §532.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-1 - (Rule 47) Application for order to be by motion--When writing required--Contents--Supporting affidavit.

23A-44-1.(Rule 47) Application for order to be by motion--When writing required--Contents--Supporting affidavit.
An application to a court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by an affidavit.
Source:
SL 1978, ch 178, §534.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-2 - (Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.

23A-44-2.(Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.
A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant.
Source:
SDC 1939 & Supp 1960, §34.2204; SDCL, §23-34-7; SL 1978, ch 178, §535.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-3 - Dismissal of charges for unnecessary delay in prosecution.

23A-44-3. Dismissal of charges for unnecessary delay in prosecution.
If there is unnecessary delay in presenting a charge to a grand jury or in filing an information against a defendant who has been held to answer to a circuit court, or if there is unnecessary delay in bringing a defendant to trial, a court may dismiss his indictment, information or complaint.
Source:
SDC 1939 & Supp 1960, §§34.2201, 34.2202; SDCL, §§23-34-1, 23-34-2; SL 1978, ch 178, §536.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-4 - Discharge of defendant and release of bail on dismissal of charges.

23A-44-4. Discharge of defendant and release of bail on dismissal of charges.
If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him.
Source:
SDC 1939 & Supp 1960, §34.2203; SDCL, §23-34-5; SL 1978, ch 178, §537.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-5 - Subsequent prosecution not barred by dismissal.

23A-44-5. Subsequent prosecution not barred by dismissal.
A dismissal under §23A-44-2, 23A-44-3, or 23A-44-4 is not a bar to another prosecution for the same offense.
Source:
SDC 1939 & Supp 1960, §34.2203; SDCL, §23-34-6; SL 1978, ch 178, §538.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-6 - Trial in one county as bar to prosecution in another.

23A-44-6. Trial in one county as bar to prosecution in another.
When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another.
Source:
SDC 1939 & Supp 1960, §34.0813; SDCL, §23-2-13; SL 1978, ch 178, §539.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-7 - Service on parties of motions, notices, and similar papers.

23A-44-7. Service on parties of motions, notices, and similar papers.
Written motions, other than those which are heard ex parte, written notices and similar papers shall be served upon each of the parties.
Source:
SL 1978, ch 178, §540.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-8 - (Rule 49(b)) Service on attorney for party--Service as in civil proceedings.

23A-44-8.(Rule 49(b)) Service on attorney for party--Service as in civil proceedings.
Whenever under this title or by a court order, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon an attorney or upon a party shall be made in the manner provided in §15-6-5(b).
Source:
SL 1978, ch 178, §541.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › Section 23A-44-10 - (Rule 49(d)) Filing with court of papers to be served--Filing as in civil proceedings.

23A-44-10.(Rule 49(d)) Filing with court of papers to be served--Filing as in civil proceedings.
Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in §15-6-5(d).
Source:
SL 1978, ch 178, §543.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › 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, makes known to the court the action which he desires the court to take or his objection to the action of the court and the grounds therefor, but if a party has no opportunity to object to a ruling or order the absence of an objection does not thereafter prejudice him.
Source:
Supreme Court Rule 414, 1939; SDC 1939 & Supp 1960, §34.3902; SDCL, §23-46-2; SL 1978, ch 178, §546.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 44 - Miscellaneous Administrative Provisions › 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), eff. Feb. 26, 2010.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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 charged with a public offense, for the punishment thereof.
Source:
SDC 1939 & Supp 1960, §34.2901; SDCL, §23-1-1; SL 1978, ch 178, §551.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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.
Source:
SL 1978, ch 178, §550.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › Section 23A-45-7 - (Rule 54(b)(5)) Proceedings to which title not applicable.

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, Board of Pardons and Paroles;
(8)Chapter 24-14, executive clemency;
(9)Chapter 24-15, paroles from the penitentiary;
(10)Chapter 24-16, interstate parolee supervision;
(11)Chapter 26-11, criminal proceedings against minors.
Source:
SL 1978, ch 178, §540; SL 1985, ch 15, §35.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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 this title shall apply.
Source:
SL 1978, ch 178, §541.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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 hours on all days except Saturdays, Sundays, and days specified as holidays in §1-5-1, but a court may provide by local rule or order that its clerk's office shall be open for specified hours on Saturdays or particular legal holidays.
Source:
SDC 1939 & Supp 1960, §34.0401; SDCL, §23-9-1; SL 1978, ch 178, §559; SL 1979, ch 159, §44.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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 rule shall be given by filing a copy of the proposed rule, amendment or repeal in the office of the clerk of courts in each county within the circuit to be affected and by giving notice indicating the purpose of the proposed rule, amendment, or repeal in general terms and fixing a time and place, not sooner than thirty days following the date of the notice, at which any person may appear and be heard regarding the proposed adoption, amendment, or repeal. Notice of the proposed adoption, amendment, or repeal of several rules may be given at one time and in one notice. The notice required by this rule may be given by mailing to all of the active members of the state bar within the circuit.
Any rule, or amendment or repeal thereof, adopted pursuant to this section shall become effective upon being filed with and approved by the Supreme Court. Upon being approved, all such rules, amendments, or repeals thereof shall be filed by the Supreme Court with the code counsel who shall publish them as an appendix to Title 23A of the code. Any rules heretofore adopted pursuant to this section are hereby nullified. Clerks of courts shall make appropriate arrangements, subject to the approval of the Supreme Court, to make copies of all rules promulgated pursuant to this section available to the public.
Source:
SL 1978, ch 178, §560; SL 1979, ch 159, §45; SL 1991, ch 433 (Supreme Court Rule 90-10).
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 45 - Definitions And General Provisions › 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 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.
CR THREE. DISPOSITIONAL CONFERENCE
Source:
SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.
CR FOUR. Repealed by SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998
CR FIVE. MOTION FOR DELAY
Source:
SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CR SIX. LIBRARY
Source:
SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CR SEVEN. DRESS CODE
Source:
SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CR EIGHT. DISPENSING POWER
Source:
SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.
CR NINE. COURT APPOINTED ATTORNEYS
Source:
SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; Supreme Court Order eff. Aug. 5, 2010; repealed (Supreme Court Order), eff. December 6, 2019.
CR TEN. BRIEF TO BE FILED WITH MOTION
Source:
SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › 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 independent practice with two years of supervised clinical experience in a mental health setting and with training on how to conduct and score competency evaluations;
(4)A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations;
(5)A licensed professional counselor-mental health with training on how to conduct and score competency evaluations; or
(6)If the court finds it appropriate, by more than one examiner.
Each examiner shall be designated by the court, except that if the examination is ordered under §23A-27-43 or 23A-46-9, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under §23A-10-4, 23A-10A-3, 23A-26-12.1, 23A-27-43, or 23A-46-9, the court may commit the person to be examined for a reasonable period to the custody of a suitable facility.
Source:
SL 1985, ch 192, §30; SL 2017, ch 109, §18.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › 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 Health, as needed.
Source:
SL 2017, ch 109, §19.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › 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 person examined and to the prosecuting attorney and shall include:
(1)The person's history, if applicable, and present symptoms;
(2)A description of the psychiatric, psychological, and medical tests that were employed and their results;
(3)The examiner's findings; and
(4)The examiner's opinions as to diagnosis, prognosis and:
(a)If the examination is ordered under §23A-10A-3, whether the person is suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against the person or to assist properly in the person's defense;
(b)If the examination is ordered under §23A-10-4, whether the person was insane at the time of the offense charged;
(c)If the examination is ordered under §23A-46-9, whether the person is suffering from a mental disease or defect as a result of which the person's release would create a substantial risk of bodily injury to another person or serious damage to property of another;
(d)If the examination is ordered under §23A-26-12.1 or 23A-27-43, whether the person is suffering from a mental disease or defect as a result of which the person is in need of custody for care or treatment in a suitable facility; and
(e)If the examination is ordered as a part of a presentence investigation, any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence.
Source:
SL 1985, ch 192, §31; SL 2017, ch 109, §20.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › 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 shall be appointed for him. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf and to confront and cross-examine witnesses who appear at the hearing.
Source:
SL 1985, ch 192, §32.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-4 - Reports of director of facility where person hospitalized.

23A-46-4. Reports of director of facility where person hospitalized.
The director of the facility in which a person is hospitalized pursuant to:
(1)Section 23A-10-4, shall prepare semiannual reports; or
(2)Section 23A-26-12.1, 23A-27-43, or 23A-46-9, shall prepare an annual report concerning the mental condition of the person and containing recommendations concerning the need for his continued hospitalization. The reports shall be submitted to the court that ordered the person's commitment to the facility and copies of the report shall be submitted to such other persons as the court may direct.
Source:
SL 1985, ch 192, §33.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-5 - Video tape of defendant's testimony or interview.

23A-46-5. Video tape of defendant's testimony or interview.
Upon written request of defense counsel, the court may order a video tape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to §23A-46-4. Such video tape record shall be submitted to the court along with the periodic report.
Source:
SL 1985, ch 192, §34.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-6 - Habeas corpus proceeding not precluded.

23A-46-6. Habeas corpus proceeding not precluded.
Nothing contained in §23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention.
Source:
SL 1985, ch 192, §35.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 46 - Mental Examinations And Hearings › Section 23A-46-7 - Hearing on discharge of person--Time for requesting.

23A-46-7. Hearing on discharge of person--Time for requesting.
Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in 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, counsel for the person or his guardian may, at any time during such person's hospitalization, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred eighty days of a court determination that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the prosecuting attorney.
Source:
SL 1985, ch 192, §36; SL 1993, ch 213, §110.