by admin | May 14, 2021 | Criminal Procedure, South Dakota
The circuit court shall order one or more grand juries to be summoned only when it appears to the circuit judge’s satisfaction that a grand jury is necessary or desirable for the investigation of public offenses or misconduct in office. A grand jury shall...
by admin | May 14, 2021 | Family Law, South Dakota
Absence or separation proper in itself becomes a desertion whenever the intent to desert is fixed during such absence or separation.SDCL 25-4-12 SDC 1939, § 14.0709 (5).
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Subject to §§ 23A-17-1 to 23A-17-4, inclusive, if a defendant is taken before a committing magistrate who did not issue the warrant, or in case no warrant has been issued, the committing magistrate shall inform him of the matters set out in § 23A-4-3 and admit the...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If a charge against a defendant requires a preliminary hearing, the defendant may not be called on to plead. The committing magistrate shall inform the defendant of the complaint against the defendant and of any affidavit filed therewith, of the defendant’s...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A verbatim record of the proceeding in each preliminary hearing shall be made under the direction of the committing magistrate upon request of either the prosecuting attorney or the defendant. A copy of the transcript of the record of the proceeding shall be furnished...
by admin | May 14, 2021 | Family Law, South Dakota
Separation by consent with or without the understanding that one of the parties will apply for a divorce is not desertion.SDCL 25-4-11 SDC 1939, § 14.0709 (4).
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