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CHAPTER 23A-45

DEFINITIONS AND GENERAL PROVISIONS

23A-45-1      Criminal proceedings defined.
23A-45-2      (Rule 54(a)) Proceedings to which title applies.
23A-45-3 to 23A-45-6.      (Rules 54(b)(1) to (4)) Reserved.
23A-45-7      (Rule 54(b)(5)) Proceedings to which title not applicable.
23A-45-8      Conflicts between title and other portions of code.
23A-45-9      Definition of terms.
23A-45-10      (Rule 55) Records kept as prescribed by Supreme Court.
23A-45-11      (Rule 56) Circuit court always open--Hours when clerk's office open.
23A-45-12      (Rule 57(a)) Circuit court rules adopted by presiding judge--Consistent with title--Copies furnished to Supreme Court and code counsel--Publication of rules.
23A-45-13      (Rule 57(b)) Procedure not specifically prescribed by statute or rule.
23A-45-14      (Rule 58) Forms drawn up by attorney general--Publication by code commission--Not mandatory.
23A-45-15      (Rule 60) Citation of title--Citation of Rules of Criminal Procedure.
          APPENDIX A. Circuit Court Rules (See § 23A-45-12).


     23A-45-1.   Criminal proceedings defined. 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, against a person charged with a public offense, for the punishment thereof.

Source: SDC 1939 & Supp 1960, § 34.2901; SDCL, § 23-1-1; SL 1978, ch 178, § 551.


     23A-45-2.   (Rule 54(a)) Proceedings to which title applies. 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 under § 23A-4-2.

Source: SL 1978, ch 178, § 550.


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


     23A-45-7.   (Rule 54(b)(5)) Proceedings to which title not applicable. 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;
             (5)      Chapter 23-24, extradition proceedings;
             (6)      Chapter 23-24A, interstate agreement on detainers;
             (7)      Chapter 24-13, Board of Pardons and Paroles;
             (8)      Chapter 24-14, executive clemency;
             (9)      Chapter 24-15, paroles from the penitentiary;
             (10)      Chapter 24-16, interstate parolee supervision;
             (11)      Chapter 26-11, criminal proceedings against minors.

Source: SL 1978, ch 178, § 540; SL 1985, ch 15, § 35.


     23A-45-8.   Conflicts between title and other portions of code. 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 shall apply.

Source: SL 1978, ch 178, § 541.


     23A-45-9.   Definition of terms. 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 the circuit court;
             (c)      A magistrate judge;
             (d)      A nonlaw-trained magistrate when acting within the authority conferred under chapter 16-12C;
             (4)      "Defendant," the party prosecuted in a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. A person becomes a defendant when he is arrested or summoned pursuant to § 23A-2-9, 23A-2-11, or 23A-3-1;
             (5)      "Former acquittal," a plea to prevent a criminal action stating that the defendant has been charged and tried for the same alleged offense and has been acquitted. If a defendant was formerly acquitted on the ground of variance between an indictment or information and the proof, or if an indictment or information was dismissed upon an objection to its form or substance without a judgment of acquittal, it is not an acquittal of the same offense;
             (6)      "Held to answer," the time at which an indictment or information is filed against a person;
             (7)      "In camera," the judge viewing material with neither party present;
             (8)      "In chambers," the judge and the parties determining a matter in the private office of the judge;
             (9)      "Law enforcement officer," an officer or employee of the state or any of its units of local government, or of the United States, or an employee of a railroad or express company while on duty, who is responsible for the prevention or detection of criminal activity or for the enforcement of the criminal or highway traffic laws of the state. Nothing in this subdivision may be interpreted to extend the territorial jurisdiction, statutory jurisdiction, or statutory authority of any officer or employee included in this definition;
             (10)      "Night," the period from 8:00 p.m. to 8:00 a.m., local time;
             (11)      "Oath," an oath or an affirmation;
             (12)      "Ordinance, bylaw, or police regulation," any rule of conduct promulgated by a unit of local government that may be punished by imprisonment or a fine, or both, for a violation. For purposes of this subdivision, the term, fine, does not include deposits for services rendered, licensing fees, or fees imposed for late payments for services rendered;
             (13)      "Peace officer," a law enforcement officer;
             (14)      "Prosecuting attorney," the attorney general, an assistant attorney general, a special assistant attorney general, a state's attorney or an assistant state's attorney, a special prosecutor appointed by a court, a city attorney or any deputy of the city attorney, or any attorney engaged by the state or a unit of local government to prosecute a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government;
             (15)      "State," the State of South Dakota and any of its units of local government;
             (16)      "Subpoena," the process by which the attendance of a witness is required before a court, magistrate, or grand jury, or for the purpose of being deposed;
             (17)      "Unit of local government," a chartered governmental unit, county, township, municipality, or any other subdivision of the state that may enforce its ordinances, bylaws, or regulations by bringing a court action that may result in a fine or imprisonment being imposed on the defendant.

Source: SDC 1939 & Supp 1960, §§ 34.1302, 34.1618, 34.2401, 34.2904; SDCL §§ 23-2-6, 23-21- 4, 23-21-7, 23-40-1; SL 1978, ch 178, § 557; SL 1980, ch 173, § 5; SL 2018, ch 147, § 1.


     23A-45-10.   (Rule 55) Records kept as prescribed by Supreme Court. 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.


     23A-45-11.   (Rule 56) Circuit court always open--Hours when clerk's office open. 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 Saturdays, Sundays, and days specified as holidays in § 1-5-1, but a court may provide by local rule or order that its clerk's office shall be open for specified hours on Saturdays or particular legal holidays.

Source: SDC 1939 & Supp 1960, § 34.0401; SDCL, § 23-9-1; SL 1978, ch 178, § 559; SL 1979, ch 159, § 44.


     23A-45-12.   (Rule 57(a)) Circuit court rules adopted by presiding judge--Consistent with title--Copies furnished to Supreme Court and code counsel--Publication of rules. 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 in the office of the clerk of courts in each county within the circuit to be affected and by giving notice indicating the purpose of the proposed rule, amendment, or repeal in general terms and fixing a time and place, not sooner than thirty days following the date of the notice, at which any person may appear and be heard regarding the proposed adoption, amendment, or repeal. Notice of the proposed adoption, amendment, or repeal of several rules may be given at one time and in one notice. The notice required by this rule may be given by mailing to all of the active members of the state bar within the circuit.
     Any rule, or amendment or repeal thereof, adopted pursuant to this section shall become effective upon being filed with and approved by the Supreme Court. Upon being approved, all such rules, amendments, or repeals thereof shall be filed by the Supreme Court with the code counsel who shall publish them as an appendix to Title 23A of the code. Any rules heretofore adopted pursuant to this section are hereby nullified. Clerks of courts shall make appropriate arrangements, subject to the approval of the Supreme Court, to make copies of all rules promulgated pursuant to this section available to the public.

Source: SL 1978, ch 178, § 560; SL 1979, ch 159, § 45; SL 1991, ch 433 (Supreme Court Rule 90-10).


     23A-45-13.   (Rule 57(b)) Procedure not specifically prescribed by statute or rule. 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.


     23A-45-14.   (Rule 58) Forms drawn up by attorney general--Publication by code commission--Not mandatory. 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.


     23A-45-15.   (Rule 60) Citation of title--Citation of Rules of Criminal Procedure. 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-45-12)

SECOND JUDICIAL CIRCUIT CRIMINAL RULES

CR ONE. INITIAL APPEARANCE

Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.

CR TWO. ARRAIGNMENT

Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.

CR THREE. DISPOSITIONAL CONFERENCE

Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.

CR FOUR. Repealed by SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998

CR FIVE. MOTION FOR DELAY

Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.

CR SIX. LIBRARY

Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.

CR SEVEN. DRESS CODE

Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.

CR EIGHT. DISPENSING POWER

Source: SL 1994, ch 402 (Supreme Court Order) eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019.

CR NINE. COURT APPOINTED ATTORNEYS

Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; Supreme Court Order eff. Aug. 5, 2010; repealed (Supreme Court Order), eff. December 6, 2019.

CR TEN. BRIEF TO BE FILED WITH MOTION

Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019.


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