Title 16, COURTS AND JUDICIARY

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…

No clerk magistrate may take office for the first time as a magistrate until such person has attended an institute on the duties and functioning of the magistrate's office to be held under the supervision of the Supreme Court, unless such attendance is waived by the Supreme Court…

The Supreme Court shall establish the institute and shall provide that the institute be held at least once every two years. It may establish an institute at such other times and for such other purposes as it deems necessary and may require the attendance of any clerk magistrate. …

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

. A clerk magistrate appointed pursuant to this chapter has authority to administer oaths, take acknowledgments, and depositions. Source: SL 2003, ch 117 , § 33.

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to issue summonses, warrants of arrest, and warrants for searches and seizures, but not to issue warrants or summonses on indictment. Source: SL 2003, ch 117 , § 34; SL 2006, …

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 , § 35.

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate if voluntary and knowledgeable waiver of preliminary hearing has been given before the court. The magistrate court may conduct preliminary he…

There shall be a master jury list for each county from which jurors shall be drawn for service as grand jurors and as petit jurors for the circuit and magistrate courts; provided that talesmen may be summoned by order of the presiding judge in the manner provided by law to supply…

Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligibl…

It is the policy of the State of South Dakota that all litigants in the courts of this state entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross - section of the community in the municipality, district, or county where the…

No citizen shall be excluded from service as a grand or petit juror in the courts of this state on account of race, color, religion, sex, national origin, or economic status. Source: SL 1972, ch 125 , § 3.

Any person eighty years of age or older may request to be excused from jury duty. The judge shall give substantial weight to the person's request to be relieved from jury duty, balancing the request with the need to impanel a jury. Source: SL 2009, ch 104 , § 1.

The parent of a child expected to be born during, or immediately prior to, the scheduled jury duty or a mother breastfeeding a baby younger than one year may submit a written request for an exemption from jury duty to the clerk of court within ten days of receiving the summons fo…

Promptly upon completion of the master juror list, and in any event before October first in each year, the clerk of courts shall sign and file the list. The list shall be kept on file for four years. The clerk of courts shall then prepare separate tickets for each person named in…

The clerk of courts shall ascertain whether each of the persons on the master juror list has the qualifications of a juror as provided by § 16-13-10 from the information available from records of the county or other readily available sources, or has served as a juror within two y…

For the purposes of this chapter, the jury selection process determined by § 16-13-9.2 shall be known as the "random selection process." Source: SL 1973, ch 135 , § 8.

The Supreme Court may by rule make provisions to see that this chapter is enforced properly in every county within the state. Source: SL 1973, ch 135 , § 9; SL 1978, ch 178 , § 574.

The presiding judge of each circuit shall administer and enforce the jury selection provisions of this chapter. Such judge may vary the terms of the random selection process to meet local conditions in any county or jury district in the circuit if such changes are consistent with…

If any county within a circuit has a population of less than five thousand, the presiding circuit court judge may create a jury district by joining that county with one or more other counties within the circuit until the total population of the counties exceeds ten thousand. Each…

If the master list proves to be inadequate to provide such panels as may be ordered, the court may order that additional names be placed on the master list. The additional selections shall substantially conform to the apportionment and manner of selection of the original list, as…

The minimum number of names to be placed on the master jury list for each county shall be designated by order of the presiding judge of the circuit court, or a judge of the circuit designated by him, to be made each year before September first. Source: SL 1935, ch 85 , § 2; SDC 1…

The grand jury shall be summoned in the same manner as provided for summoning petit juries. Source: SL 1867-8, ch 19 , § 5; PolC 1877, ch 19, § 6; SL 1885, ch 62 , § 1; CL 1887, § 445; SL 1891, ch 73 , § 1; RPolC 1903, § 710; RC 1919, § 5285; SDC 1939 & Supp 1960, § 32.1009; SL 1…

A grand jury shall not be drawn, summoned, or required to attend at the sitting of any circuit court unless the judge thereof shall so direct by written order under his hand filed with the clerk of courts. Source: SL 1895, ch 64 , § 7; SL 1899, ch 74 ; RPolC 1903, § 710; RCCrimP …

The presiding judge of each circuit, or a judge of the circuit court designated by the presiding judge, shall issue an order prior to October first of each year to the clerk of courts that a petit jury for the county or jury district be selected. The order shall specify the total…

Within fifteen days from the receipt of the order provided in § 16-13-22 , but no later than the first day of November, the clerk of courts shall select the jury panels. Any such officer who is not disqualified may act by deputy. Source: SL 1935, ch 85 , § 10; SL 1937, ch 91 ; SD…

The clerk of courts shall use an electronic selection system to fill the jury panels with names from the master jury list. The clerk of courts shall sign the list to indicate that the selection was fairly performed to the best of the clerk's knowledge. Source: SL 1935, ch 85 , § …

If any person whose name has been drawn has served as a juror in any state court of record in the county since the verification and drawing of the master jury list, such name shall be disregarded and another drawn in its place. A person has served as a juror if he has been summon…

If the calling of a grand jury has been directed the first names drawn to the required number, shall constitute the grand jury. Source: SL 1935, ch 85 , § 11; SDC 1939 & Supp 1960, § 32.1011.