Title 23A — CRIMINAL PROCEDURE

When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the clerk of the court of the co…

After entry of such judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture. Source: SL 1978, ch 178 , § 526.

After the forfeiture of recognizance, bond or undertaking of bail, including an appearance bond, the prosecuting attorney shall proceed, with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail, including an appearanc…

Upon order of the court for the reinstatement of bond or undertaking of bail, previously forfeited, the county treasurer shall pay to the clerk of court or other officer with whom it was originally deposited such bond or undertaking of bail. Source: SL 1978, ch 173 , § 2; SDCL Su…

When the condition of a bond has been satisfied or the forfeiture of a bond has been set aside or remitted, a court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defenda…

When a defendant is committed pursuant to § 23A-26-12 , the court shall exonerate his bail pursuant to §

If a defendant is committed as mentally ill, the court shall exonerate his bail pursuant to §

Any defendant who is released on the execution of an appearance bail bond with one or more sureties may, if he violates the conditions of his release, in vacation, be arrested by his surety, delivered to a law enforcement officer, and brought before any committing magistrate. At …

If a determination is made that a release pursuant to § 23A-43-2 will not reasonably assure the appearance of the defendant as required, the committing magistrate or court shall, either in lieu of or in addition to the methods of release described in § 23A-43-2 , impose the first…

If a court has imposed conditions of release that require a defendant to follow any treatment recommendations pursuant to subdivision 23A-43-3(3), the provider of those treatment services shall report any noncompliance to the court that has imposed the condition of release. Sourc…

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding the definition of noncompliance in § 23A-43-3.1 and how noncompliance may be reported to the court. Source: SL 2017, ch 109 , § 11.

A court shall exercise supervision over the detention of defendants and witnesses pending trial for the purpose of eliminating all unnecessary detention. Source: SL 1978, ch 178 , § 531.

Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for…

Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt. Source: SL 1978, ch 178 , § 532.

In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, th…

A defendant released before trial shall continue on release until a plea or verdict of guilty has been entered, under the same terms and conditions as were previously imposed unless the committing magistrate or court determines that other terms and conditions or termination of hi…

A committing magistrate or court authorizing the release of a defendant under § 23A-43-2 , 23A-43-3 , or 23A-43-5 shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the defendant of the penalties for a violation of the conditio…

A committing magistrate or court ordering the release of a defendant on any condition specified in § 23A-43-2 or 23A-43-3 may at any time amend his or its order to impose additional or different conditions of release. If, however, the imposition of such additional or different co…

A defendant for whom conditions of release are imposed and who after twenty - four hours from the time of the release hearing, continues to be detained as a result of his inability to meet the conditions of release, may, upon application, have the conditions reviewed by the commi…

A defendant who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the committing magistrate or court that imposed the condition. Unless the requirement is removed and the person is…

An application to a court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It…

Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in § 15-6-5(d). Source: SL 1978, ch 178 , § 543.

Each court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. Source: SL 1978, ch 178 , § 544. 23A-44-12. (Rule 50(b)) Reserved

23A-44-14 (Rule 52(a)) Defects not affecting substantial rights disregarded. 23A-44-15 (Rule 52(b)) Plain error noticed though not brought to court's attention. 23A-44-16

Exceptions to rulings or orders of a court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires…

Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. Source: SDC 1939 & Supp 1960, §§ 34.2902, 34.3002; SDCL, §§ 23-1-2, 23-32-20; SL 1978, ch 178 , § 547.

Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of a court. Source: SL 1978, ch 178 , § 548. 23A-44-16. Repealed by SL 2008, ch 118 , § 1.

23A-44-17 Content of record.

The record of any hearing, court trial or jury trial shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions. Source: SL 201…

A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant. Source: SDC 1939 & Supp 1960, § 34.2204; SDCL, § 23-34-7; …

If there is unnecessary delay in presenting a charge to a grand jury or in filing an information against a defendant who has been held to answer to a circuit court, or if there is unnecessary delay in bringing a defendant to trial, a court may dismiss his indictment, information …

If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him. Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-5; SL 1978, ch 17…

A dismissal under § 23A-44-2 , 23A-44-3 , or 23A-44-4 is not a bar to another prosecution for the same offense. Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-6; SL 1978, ch 178 , § 538.

(1) Every person indicted, informed or complained against for any offense shall be brought to trial within one hundred eighty days , and such time shall be computed as provided in this section. (2) Such one hundred eighty day period shall commence to run from the date the defenda…

When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another. Source: SDC 1939 & Supp 1960, § 34.0813; SDCL, § 23-2-13; SL 1978, ch 178 , § 539.

Written motions, other than those which are heard ex parte, written notices and similar papers shall be served upon each of the parties. Source: SL 1978, ch 178 , § 540.

Whenever under this title or by a court order, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon an attorney or upon a party …

23A-44-11 (Rule 50(a)) Placement on calendars--Preference to criminal proceedings. 23A-44-12

23A-45-3 to 23A-45-6. (Rules 54(b)(1) to (4)) Reserved

A criminal proceeding is one prosecuted by the state as a party, against a person charged with a criminal offense for the punishment thereof. A proceeding for the violation of an ordinance, bylaw, or police regulation is one prosecuted by a unit of local government as a party, ag…

Clerks of courts and such other personnel as are prescribed by rule shall keep such records in criminal proceedings as the Supreme Court may prescribe. Source: SL 1978, ch 178 , § 558.

A circuit court is always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. A clerk's office with the clerk or a deputy in attendance shall be open for a reasonable time during business hours on all days except Sa…

A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of the intent to adopt, amend or repeal any rule shall be given by filing a copy of the proposed rule, amendment or repeal …

If no procedure is specifically prescribed by statute or rule, a court may proceed in any lawful manner not inconsistent with this title or with any other applicable statute. Source: SL 1978, ch 178 , § 561.

The attorney general shall draw up forms to implement this title. The code commission shall publish such forms as an appendix to this title. Such forms shall be illustrative and not mandatory. Source: SL 1978, ch 178 , § 562.

This title may be known and cited as the South Dakota Code of Criminal Procedure. Sections of this title preceded by a rule number may be known and cited as the South Dakota Rules of Criminal Procedure. Source: SL 1978, ch 178 , § 564. APPENDIX A. CIRCUIT COURT RULES (See § 23A-4…

This title applies to all criminal proceedings and to all proceedings for the violation of an ordinance, bylaw, or police regulation of a unit of local government in this state before the circuit courts and the magistrate courts except in cases of those minor offenses triable und…

This title is not applicable to the following proceedings in the South Dakota Codified Laws: (1) Chapter 21-27 , habeas corpus; (2) Chapter 23-13 , prevention and investigation of crimes; (3) Chapter 23A-35A , interception of communications; (4) Chapter 23-14 , coroners' inquests…

Whenever any provision of the code is inconsistent or in conflict with this title or any part of it, the other statutory provision shall be reconciled and harmonized with this title as much as possible, and if such provision cannot be so harmonized and reconciled, then this title…

Terms used in this title mean: (1) "Class 1 misdemeanor," the same as the term is defined in § 22-6-2 ; (2) "Class 2 misdemeanor," the same as the term is defined in § 22-6-2 ; (3) "Committing magistrate," any of the following: (a) A justice of the Supreme Court; (b) A judge of t…