by admin | May 14, 2021 | Family Law, South Dakota
A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent at the time of the marriage, and such marriage was contracted without...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The term “fresh pursuit” as used in §§ 23A-3-17 to 23A-3-19, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony in this...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If an arrest under § 23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate of the...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory...
by admin | May 14, 2021 | Family Law, South Dakota
Where the marriage is annulled on the ground that a former husband or wife was living, or on the ground of mental illness, children begotten before the judgment are legitimate and succeed to the estate of both parents.SDCL 25-3-3 SDC 1939, § 14.0603.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:(1) After one year from the date of any arrest if no accusatory instrument was filed;(2)...
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