Title 16 — COURTS AND JUDICIARY

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[Repealed or reserved.]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.

As used in this chapter, the term, magistrate, means a clerk magistrate or a magistrate judge appointed under the authority of this chapter. Any magistrate judge appointed under the authority of this chapter shall be licensed to practice law in the State of South Dakota. Source: …

The compensation of a magistrate shall be fixed by law and for such purpose the Supreme Court in its annual consolidated budget for the Unified Judicial System shall make recommendations relating thereto. The state shall provide from funds appropriated therefor for the salaries a…

Pursuant to the provisions of S.D. Const., Art. V, § 4, there is hereby established within each judicial circuit a magistrate court. Source: SL 2003, ch 117 , § 2.

Any magistrate court with a magistrate judge presiding is a court of record. However, no magistrate court with a clerk magistrate presiding is a court of record. Source: SL 2003, ch 117 , § 3. 16-12A-3. Repealed by SL 2003, ch 117 , § 43. 16-12A-3.1. Repealed by SL 2004, ch 317 (…

Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court. Source: SL 2003, ch 117 , § 7. 16-12A…

Each county in the state shall provide suitable and adequate facilities for the magistrate court, including the facilities necessary to make the space provided functional for its intended use. Source: SL 2003, ch 117 , § 8. 16-12A-30. Repealed by SL 2003, ch 117 , § 43.

Subject to such rules as may be promulgated by the Supreme Court, the presiding circuit judge in each judicial circuit shall appoint a sufficient number of magistrates as may be necessary to provide adequate and qualified judicial personnel for each county and municipality in the…

Any municipality in the state may, at its discretion, and in cooperation with the presiding judge of the circuit, provide suitable and adequate quarters for a magistrate court assigned principally to serve the municipality, including the facilities necessary to make the space pro…

Filing fees in magistrate court, unless otherwise provided by law, shall be the same as the fees chargeable by the clerk of courts for the filing of actions or proceedings in the circuit court, including the fees prescribed pursuant to § 14-6-1 where applicable. Source: Supreme C…

Each magistrate shall be appointed by the presiding judge of the circuit court and serve at the pleasure of the presiding judge. However, the Supreme Court may, by rule, provide that magistrates may be appointed for a definite term. Source: SL 2003, ch 117 , § 5. 16-12A-5 to 16-1…

If the business of a magistrate court with a magistrate judge presiding becomes congested or if a magistrate judge is, for any cause, unable to act, the Chief Justice of the Supreme Court may, by order, temporarily transfer to such magistrate court a magistrate judge from another…

The number of magistrate judges in the judicial circuits established by § 16-5-1.2 is fixed as follows: (1) First Circuit: Two full-time magistrate judges; (2) Second Circuit: Five full-time magistrate judges; (3) Third Circuit: Two full-time magistrate judges; (4) Fourth Circuit…

The presiding judge of each circuit shall certify to the state court administrator the name of each law - trained person that he proposes to appoint in his circuit. Prior to the appointment of any magistrate judge the presiding judge shall present to the state court administrator…

Persons appointed as full-time magistrate judges shall be appointed for a term of four years from and after the date of the approval of the appointment by the Supreme Court subject to any conditions imposed by the Supreme Court. Full-time magistrate judges may be subject to remov…

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate for all purposes. Source: SL 2003, ch 117 , § 19.

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of a political subdivision. Source: …

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all small claim proceedings. Source: SL 2003, ch 117 , § 21.

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine any civil action if the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars. A magistrate court with a magistra…

A magistrate court with a magistrate judge presiding has jurisdiction, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction heretofore granted to county courts or district county courts or judges thereof in relation to the e…

Any magistrate court with a magistrate judge presiding has authority, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction to administer and preside over an adult probationary drug court program. Source: SL 2007, ch 134 , § …

Except in a small claims proceeding, a verbatim record of all proceedings and evidence at trial before a magistrate court, with a magistrate judge presiding, must be maintained either by an electronic device or by stenographic means, as the magistrate may direct. If no record is …

Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court with a magistrate judge presiding, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court. Sou…

Any attorney who is a part - time magistrate judge may practice law under such conditions as the circuit judges sitting en banc in the judicial circuit may provide, subject to Supreme Court rule. Source: SL 2003, ch 117 , § 26.

No magistrate judge appointed on a full - time basis may act as counsel or be associated with others as counsel in any court of this state. Each magistrate judge is bound by the Code of Judicial Conduct adopted by the Supreme Court. Source: SL 2003, ch 117 , § 27.

Retired justices and judges, with their consent, may be authorized by the Chief Justice of the Supreme Court to preside in any action or proceeding, or over any term of court, in the magistrate court. If so authorized and acting, the orders, judgments, and decrees of that court e…

A magistrate judge appointed pursuant to this chapter may solemnize marriages. The clerk of courts shall collect a fee of twenty dollars for a magistrate's performance of a marriage. The clerk of courts shall remit fees collected under this section to the state treasurer for depo…

A magistrate judge appointed pursuant to this chapter may administer oaths, take acknowledgments, and depositions. Source: SL 2003, ch 117 , § 13.

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to issue summonses, warrants of arrest, and warrants for searches and seizures. Source: SL 2003, ch 117 , § 14.

No party may be deprived of the assistance of an attorney, at the party's expense, in small claims or magistrate court. Source: SL 2003, ch 117 , § 15.

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to fix bond or take personal recognizance of persons charged with an offense. Source: SL 2003, ch 117 , § 16.

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts: (1) To accept defaults for petty offenses; (2) To try contested cases involving a petty offense; (3) To take pleas of guilty, not guilty, nolo contendere for any criminal off…

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to take forfeitures of appearance bonds for violation of any ordinance, bylaw, or other police regulation of a political subdivision. Source: SL 2003, ch 117 , § 18.

Any duly appointed clerk or any deputy clerk who meets the qualifications of a clerk magistrate may be appointed as a clerk magistrate. Any clerk or deputy clerk who has been appointed a clerk magistrate may act as such in any circuit of this state if placed on temporary duty ass…

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to fix bond or take personal recognizance of persons charged with an offense in accordance with the schedule adopted pursuant to subdivision 16-2-21(8). Source: SL 2003, ch 11…

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts: (1) To accept defaults for petty offenses; (2) To try contested cases involving a petty offense; (3) To take pleas of guilty, not guilty, nolo contendere for any criminal off…

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to take forfeitures of appearance bonds for violation of any ordinance, bylaw, or other police regulation of a political subdivision in accordance with schedules adopted pursu…

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts, in noncontested civil actions or noncontested small claims proceedings where the amount of money or damage does not exceed twelve thousand dollars, to take the necessary evid…

Except in a small claims proceeding, a verbatim record of all proceedings and evidence at trial before a clerk magistrate must be maintained either by an electronic device or by stenographic means, as the magistrate may direct. If no record is kept, the appeal, if appeal is autho…

Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court with a clerk magistrate presiding, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court. Sou…

No person is eligible for appointment to the office of clerk magistrate unless such person is a graduate of a high school or has attained the equivalent of a high school education as indicated by the possession of a certificate of equivalency issued by the State Department of Edu…

The presiding judge of each circuit shall immediately following the appointment of a clerk magistrate certify to the state court administrator the name and address of each appointee and principal place or places that the appointee is to function. The state court administrator sha…