16-5-1
Repealed.
16-5-1.1
Repealed.
16-5-1.2
Number of judicial circuits--Counties included.
16-5-2 to 16-5-9. Repealed.
16-5-10
Repealed.
16-5-11
Superseded.
16-5-12
First day of term falling on holiday.
16-5-13
Simultaneous terms of circuit court in different counties.
16-5-14
Simultaneous sessions of circuit court in same or different counties.
16-5-15
Special terms of courts of record--Order filed with clerk--Powers at special term.
16-5-16
Special emergency term of court when immediate trial demanded by extraordinary
circumstances--Summons of jury.
16-5-17
Special and adjourned terms of circuit court.
16-5-18
Special term of circuit court on request of county commissioners--Order filed with
clerk.
16-5-19
Repealed.
16-5-20
Repealed.
16-5-21
Repealed.
16-5-22
Place of holding terms of circuit court.
16-5-23
Regular terms of circuit court held if cases ready for trial--Juries called.
16-5-24
Postponement of opening of term of circuit court--Adjournment by clerk in absence
of judge.
16-5-25
Adjournment of circuit court term--Resumption of business on day fixed.
16-5-26
Adjournment of circuit court to day certain or until notice--Jury panel retained.
16-5-27
Regular term in session until terminated or next term.
16-5-28
Termination of circuit court term--Dismissal of jury--Special term and new jury.
16-5-1.2. Number of judicial circuits--Counties included.
There shall be seven judicial circuits which shall be numbered and consist of counties as follows:
(1) First Circuit: Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, McCook, Turner, Union, and Yankton Counties;
(2) Second Circuit: Lincoln and Minnehaha Counties;
(3) Third Circuit: Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld, Kingsbury, Lake, Miner, Moody, and Sanborn Counties;
(4) Fourth Circuit: Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, and Ziebach Counties;
(5) Fifth Circuit: Brown, Campbell, Day, Edmunds, Faulk, Marshall, McPherson, Roberts, Spink, and Walworth Counties;
(6) Sixth Circuit: Bennett, Gregory, Haakon, Hughes, Hyde, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, and Tripp Counties; and
(7) Seventh Circuit: Custer, Fall River, Oglala Lakota, and Pennington Counties.
Source: SDC 1939, §§ 32.0406 to 32.0415; SL 1939, ch 130; SL 1941, ch 150, § 1; SL 1953, ch 193; SL 1953, ch 194; SL 1955, ch 123; SL 1957, ch 170; SL 1957, ch 171; SL 1959, ch 224; SL 1963, ch 219; SL 1963, ch 220; SL 1964, ch 106; SL 1964, ch 107; SL 1965, ch 156; SL 1966, ch 114, §§ 3 to 10; SL 1967, ch 138; SL 1967, ch 139, §§ 1 to 3; SDCL §§ 16-5-2 to 16-5-11; SL 1969, ch 144, §§ 1, 2; SL 1970, ch 134; SL 1970, ch 135; SL 1971, ch 152; Supreme Court Rule No. 6, 1972; Supreme Court Order, Sept. 12, 1973, Par. 1; Supreme Court Rule 76-7; Supreme Court Rule 83-5; SL 2000, ch 265 (Supreme Court Order, Aug. 10, 1999); SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
16-5-12. First day of term falling on holiday.
Whenever the first day of any term of the circuit court falls upon a legal holiday, such term shall begin on the following day.
Source: SL 1890, ch 76, § 10; RPolC 1903, § 663; RC 1919, § 5183; SDC 1939 & Supp 1960, § 32.0420.
16-5-13. Simultaneous terms of circuit court in different counties.
Two or more terms of the circuit court may be held in different counties of the same circuit at the same time.
Source: RC 1919, § 5183; SDC 1939 & Supp 1960, § 32.0420.
16-5-14. Simultaneous sessions of circuit court in same or different counties.
Sessions of circuit court may be held by two or more judges in the same circuit, or in the same county, at the same time, whether or not all of the judges are judges of the circuit.
Source: Supreme Court Rule, Part 2, Rule 46 adopted Sept. 7, 1923, 46 SD XIV; SDC 1939 & Supp 1960, § 33.1107.
16-5-15. Special terms of courts of record--Order filed with clerk--Powers at special term.
At any time he may deem it necessary or advisable, the judge of any trial court of record may order a special term to be held, by written order filed with the clerk at least fifteen days before the opening of such term. Anything which may be done at a regular term may be done at a special term.
Source: Supreme Court Rule 118, 1939; SDC 1939 & Supp 1960, § 33.1105.
16-5-16. Special emergency term of court when immediate trial demanded by extraordinary circumstances--Summons of jury.
In any case where, because of any extraordinary circumstances, the interests of justice demand an immediate trial, the court may, upon its own motion, call and hold a special term of court, and summon a jury when necessary, in the county where such action is pending, and hear, try, and determine such action and render judgment therein without delay.
Source: SDC 1939 & Supp 1960, § 33.1106.
16-5-17. Special and adjourned terms of circuit court.
The circuit judge may by order provide for the holding of such additional special terms, or adjourned terms as the pending business, in his judgment, requires.
Source: SDC 1939 & Supp 1960, § 33.1101.
16-5-18. Special term of circuit court on request of county commissioners--Order filed with clerk.
The judge of the circuit court shall have power, upon request of the board of county commissioners or upon his own motion, by an order to that effect, to appoint and hold special terms, at the county seat of any county within his circuit, and such special terms shall be regarded the same as the regular terms prescribed by this chapter; provided that the order for any such special term shall be filed in the office of the clerk of courts at least ten days before the opening of such term.
Source: PolC 1877, ch 13, § 5; SL 1879, ch 27, § 9; SL 1881, ch 84, § 16; SL 1885, ch 71, § 1; CL 1887, § 426; RPolC 1903, § 661; RC 1919, § 5182; SDC 1939 & Supp 1960, § 32.0419.
16-5-22. Place of holding terms of circuit court.
All terms of the circuit court within and for each county shall be held at the county seat thereof.
Source: SL 1913, ch 160, § 1; RC 1919, § 5185; SL 1923, ch 303, § 4; SDC 1939 & Supp 1960, § 32.0401; SL 1966, ch 114, § 1; SL 1985, ch 15, § 33.
16-5-23. Regular terms of circuit court held if cases ready for trial--Juries called.
At the time designated by law, there shall be regular terms of circuit court held in the several counties, if there be any cases ready for trial. Juries shall be called for such terms if there are any jury cases for trial.
Source: SDC 1939 & Supp 1960, § 33.1101.
16-5-24. Postponement of opening of term of circuit court--Adjournment by clerk in absence of judge.
If he deem it proper, the presiding judge of the circuit court may postpone the opening of a term for a reasonable time to a day certain. If no order of postponement be made and the presiding judge does not appear at the time for the opening of the term, the clerk of courts may adjourn court from day to day until the arrival of the judge or an order of postponement or adjournment is received.
Source: PolC 1877, ch 14, § 5; CL 1887, § 442; RPolC 1903, § 952; RC 1919, § 5183; SDC 1939 & Supp 1960, § 33.1103.
16-5-25. Adjournment of circuit court term--Resumption of business on day fixed.
Any regular or special term of the circuit court may be adjourned, by order entered in the minutes, to any day preceding the first day of the next regular term in the county in which the court is being held, at which time the business of the court shall be resumed as if no adjournment had taken place.
Source: SL 1890, ch 76, § 10; RPolC 1903, § 663; RC 1919, § 5183; SDC 1939 & Supp 1960, § 33.1103.
16-5-26. Adjournment of circuit court to day certain or until notice--Jury panel retained.
At the end of any sitting, the circuit court may adjourn the term from time to time to a day certain or until the further notice and order of the court, in which case the same jury panel shall report as may be ordered.
Source: SDC 1939 & Supp 1960, § 33.1102.
16-5-27. Regular term in session until terminated or next term.
Unless terminated by order of the court, a regular term of the circuit court shall be deemed in session and subject to sitting at call of the court, until the actual opening of the next following regular or special term.
Source: SDC 1939 & Supp 1960, § 33.1102.
16-5-28. Termination of circuit court term--Dismissal of jury--Special term and new jury.
The judge may at any time terminate a term of the circuit court and dismiss the jury from further attendance by an order declaring the term at an end, announced in open court and entered in the minutes. The judge may thereafter call a special term if in his opinion the public interest requires it, and may order a new jury panel drawn, for such special term.
Source: SDC 1939 & Supp 1960, § 33.1102.
