Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-34-1 Administrative actions enforceable under chapter--Statutory violation defined as contempt
0.6K chars
Whenever it is provided in any statute in substance to the effect, that the failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of any public officer, department, commission, board, or tribunal, or that violation of any statute may be …
SDCL § 21-34-10 Remissions, suspension, and purging of contempt
0.4K chars
An order, judgment, or decree under this chapter may provide for such remissions or suspension of fine and confinement upon performance or purging of the contempt as the court may decide to incorporate therein. Or, the court may make any such remission or suspension thereafter by…
SDCL § 21-34-11 Reinvoking contempt process on continuing violation
0.2K chars
Nothing contained in this chapter shall prevent reinvoking such contempt process if disobedience or violation continues after payment of the fine or service of the confinement sentence has been completed. Source: SDC 1939, § 65.0107.
SDCL § 21-34-12 Judicial power to enforce own order unaffected
0.6K chars
Nothing contained in this chapter shall affect or regulate the power of any court to punish contempts of such court for violation of any of its own rules, regulations, orders, judgments, decrees, commands, or judicial functions in cases where such jurisdiction inheres in the cour…
SDCL § 21-34-13 Appeal to Supreme Court
0.4K chars
From any order, judgment, decree, or other command of the court made pursuant to the jurisdiction or in excess of the jurisdiction given to it by this chapter, an appeal may be taken to the Supreme Court of this state within the time and in the manner provided by law for taking a…
SDCL § 21-34-14 Stay of execution pending appeal to Supreme Court
0.4K chars
Stay of execution in cases appealed pursuant to § 21-34-13 shall be in the discretion of the circuit court, but subject to right of application by any party interested to the Supreme Court on the matter of such stay of execution for such modification of any order granting or refu…
SDCL § 21-34-2 Certificate of facts showing violation prepared by officer--Contents
1.0K chars
The officer who issued, or the party to a proceeding seeking enforcement of, the process, subpoena, order, rule, regulation, judgment, or other legal command referred to in § 21-34-1 or who is vested with the duty of enforcing the obedience or stopping the violation of the statut…
SDCL § 21-34-3 Judge to whom certificate of facts directed
0.5K chars
The certificate described in § 21-34-2 shall be directed or addressed to the circuit court having jurisdiction over the county in which the events occurred or the condition exists wherein it is desired to enforce obedience or stop violations, or over the county of the residence o…
SDCL § 21-34-4 Presentation of certificate to judge--Service of process and copy of certificate on offender
0.5K chars
The original, and a copy of the certificate for each person against whom contempt process is sought, shall be filed in the office of the clerk of courts of the county in which jurisdiction is laid and shall be served, together with a summons, citation, or order to show cause or s…
SDCL § 21-34-5 Procedural matters prescribed by court
0.5K chars
In any and all cases under this chapter the court shall have jurisdiction to make such orders fixing the procedure, time, and place of hearing, notice to parties, appearances, requirements of pleading, taking evidence by deposition or otherwise, and other administrative details a…
SDCL § 21-34-6 Power of court to compel obedience and punish violations--Maximum penalties
0.5K chars
In any and all cases under this chapter, the court shall have jurisdiction by order, judgment, or decree to compel the obedience or stop or punish the violation which is certified and to fix such time within which obedience may be made or violation stopped and to order, adjudge, …
SDCL § 21-34-7 Officers empowered to serve process and carry out orders of court
0.3K chars
All wardens, sheriffs, marshals, policemen, and peace officers of the state shall have jurisdiction to serve the papers, process, and otherwise carry out the orders and process of any court, lawfully made pursuant to the provisions of this chapter. Source: SDC 1939, § 65.0107.
SDCL § 21-34-8 Source of payment for expenses of officials
0.4K chars
The expenses of officials in making service or performing other legal duties under this chapter for which expense no fee is allowed by law, shall be paid by the county or from the public funds under control of the public officer, department, commission, or board which may be avai…
SDCL § 21-34-9 Costs awarded
0.2K chars
Costs including attorneys fees may be ordered in the discretion of the court for or against any party involved and paid as other expenses of the proceeding. Source: SDC 1939, § 65.0107; SL 1985, ch 171 , § 4.