2018 House Bill 1097 - Introduced

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

200Z0227   HOUSE BILL   NO.  1097  

Introduced by:    The Committee on Judiciary at the request of the Chief Justice
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding magistrate court jurisdiction over vulnerable adult protective or restraining orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 16-12B-13 be amended to read:
    16-12B-13. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all any civil actions, action if the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine any action for a protective or restraining order or injunctive relief pursuant to chapter 22-19A or, 25-10, or 21-65. When If the action is one for protection from domestic abuse, a magistrate judge may not issue an ex parte protection order pursuant to § 25-10-6, or try any petition, which that calls for either the award of temporary custody or establishment of temporary visitation with regards to visitation of a minor child of the parties, or try any petition that establishes temporary support for either a minor child of the parties or a spouse. Any magistrate court with a magistrate judge presiding has jurisdiction in any small claims

proceedings, proceeding if the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars.

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