Title 16 — COURTS AND JUDICIARY

Repealed by SL 1973, ch 130 , § 13. 16-6-29 Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office. 16-6-30

16-6-20

The number of circuit judges of each of the judicial circuits established by § 16-5-1.2 is as follows: (1) First Circuit: Six circuit judges; (2) Second Circuit: Fourteen circuit judges; (3) Third Circuit: Six circuit judges; (4) Fourth Circuit: Four circuit judges; (5) Fifth Cir…

The circuit court has jurisdiction of appeals from all final judgments, decrees, or orders of all courts of limited jurisdiction, inferior officers, or tribunals, in the cases prescribed by statute. Source: CCivP 1877, § 29; CL 1887, § 4826; RCCivP 1903, § 31; RC 1919, § 2115; SD…

16-6-12 Original criminal jurisdiction of circuit court. 16-6-13

The circuit court has exclusive original jurisdiction to try and determine all cases of felony, and original jurisdiction concurrent with courts of limited jurisdiction as provided by law to try and determine all cases of misdemeanor and actions or proceedings for violation of an…

16-6-14 Circuit court jurisdiction as to persons detained. 16-6-15 Circuit court writs in exercise of powers. 16-6-16 Court always open for business--Place of hearings and determinations. 16-6-17 Issues of fact tried in proper county--Order at chambers any place within state. 16-…

The circuit court has jurisdiction to inquire into the cause of detention of all persons confined in the jail of the county or otherwise detained, and to make an order for their recommitment or discharge, or otherwise according to law, and to exercise such other powers as are con…

The circuit court has the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and all other writs necessary to carry into effect its judgments, decrees, and orders, and to give to it a general control over inferior courts, officers, boards, tribunals, corpo…

The circuit court is always open for the purposes of hearing and determining all actions, special proceedings, motions, and applications of whatever kind or character, and whether of a civil or criminal nature, arising under the laws of the state and of which it has jurisdiction,…

Issues of fact in any civil or criminal action in the circuit court shall be tried in the county in which the action is brought, or to which the place of trial is changed by order of the court upon the consent of the parties to such action or their attorneys, or upon the grounds …

16-6-19

Transferred to §

16-6-2.1

16-6-3 Time of election of judges--Terms of office. 16-6-3.1

Transferred to §

A judge of the circuit court is a judge of the circuit court in the State of South Dakota and in any circuit in which he acts as a judge. The orders, judgments, and decrees of a circuit judge acting in a county other than one in his own circuit shall be as effectual for all purpo…

At the general election in the year 1974 and every eight years thereafter, the judges of the circuit courts shall be elected for a term of eight years. Source: SL 1901, ch 118 , § 1; RPolC 1903, § 651; RC 1919, § 5166; SDC 1939 & Supp 1960, § 32.0402; SL 1966, ch 114 , § 2; SL 19…

16-6-4

16-6-31 Mandatory retirement of judges at age seventy--Conclusion of pending matters. 16-6-32 Service by retired justices and judges--Effect of acts.

A judge of a circuit court is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy of such judge. Such judge shall conclude …

Retired justices and judges, with their consent, may be authorized by the Chief Justice to preside in any action or proceeding, or over any term of court, in the circuit court and when so authorized and acting, the orders, judgments, and decrees of that court entered by him are a…

16-6-5

16-6-5.1 Additional compensation of presiding circuit judge--Not subject to certain retirement provisions. 16-6-6 Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses. 16-6-7 Courtroom facilities for circuit judges provided by counties. 16-6-8 Cha…

The presiding judge of each circuit shall receive additional compensation for administrative duties in the sum of two thousand dollars for each presiding circuit court judge. The additional compensation provided for by this section shall not be credited to the highest average ann…

Each circuit judge shall be reimbursed all necessary expenses incurred in the performance of the duties of office including traveling expense, food, and lodging while traveling outside the county designated by the presiding judge as the circuit judge's duty station, together with…

The board of county commissioners in every county in this state may provide the circuit judge of the judicial circuit of which such county forms a part with suitable and sufficient courtroom facilities and equip the same to conduct the business of the court at a place other than …

The circuit court possesses chancery as well as common - law jurisdiction. Source: CCivP 1877, § 27; CL 1887, § 4824; RCCivP 1903, § 29; RC 1919, § 2113; SDC 1939 & Supp 1960, § 32.0903.

The circuit court has original jurisdiction as follows: (1) In all actions or proceedings in chancery; (2) In all actions at law and in equity; (3) In all cases where the title or boundary to real property comes in question; (4) In all actions for divorce or annulment of marriage…

16-6-9.2 Facsimile transmissions--Applicable statutory requirements. 16-6-10 Appellate jurisdiction of circuit court. 16-6-11

The circuit court may use facsimile transmission to accelerate the issuance, execution, and delivery of all papers, orders and warrants, including, but not limited to, the following: (1) Criminal matters: arrest and search warrants; (2) Juvenile matters: orders or warrants for ta…

[Repealed or reserved.]

Source: SL 1974, ch 31 , § 2; SDCL Supp, § 16-6-5 ; SL 1977, ch 6 , § 11; SL 1989, ch 178 , § 3; SL 2019, ch 22 , §§ 1, 45.