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59 chapters · 917 sections in this title.
SDCL § 23A-2-1 Complaint as statement of offense--Signature under oath--Traffic ticket issued by law enforcement officer
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A complaint is a written statement of the essential facts constituting an offense charged. The complaint shall be signed under oath before a person authorized to administer oaths in the State of South Dakota. A law enforcement officer, in lieu of signing a complaint for a misdeme…
SDCL § 23A-2-10 Time of execution of warrant
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A warrant issued for a felony may be executed on any day, at any time of the day or night. A warrant issued for a misdemeanor shall not be executed at night unless an authorization for a night arrest is endorsed upon the warrant by the committing magistrate. Source: CCrimP 1877, …
SDCL § 23A-2-11 Service of summons on corporate defendant
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No warrant of arrest may be issued against a corporation. A summons directed to a corporation shall be served at least five days before the day of appearance fixed therein by delivering it to the president or other head of the corporation, or to its secretary, treasurer, managing…
SDCL § 23A-2-12 (Rule 4(d)(4)) Return of warrant or summons to committing magistrate--Cancellation or delivery to another of unexecuted process
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The law enforcement officer executing a warrant shall make return thereof to the committing magistrate before whom the defendant is brought pursuant to § 23A-4-1 . At the request of the prosecuting attorney any unexecuted warrant may be returned to the committing magistrate who i…
