South Dakota Codified Laws
Chapter 01A - Petty Offense Procedure
Section 23-1A-13 - Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.

23-1A-13. Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.
A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either:
(1)In the law enforcement officer's presence, mailing a deposit to the office of the clerk of courts; or
(2)In the company of the officer, going to the office of the clerk of courts and personally making a deposit.
The issuing officer shall notify the alleged violator, in writing, and obtain a receipt therefor, that if he fails to appear in court at the time fixed in the summons, he will be deemed to have tendered an admission to the allegations contained in the complaint and an agreement to a forfeiture not to exceed the amount of the deposit, which the court will accept.

Source: SL 1977, ch 193, ยง11.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23 - Law Enforcement

Chapter 01A - Petty Offense Procedure

Section 23-1A-1 - Petty offense procedures used by all law enforcement and judicial officers.

Section 23-1A-2 - Complaint and summons forms--Uniform traffic ticket--Contents.

Section 23-1A-2.1 - Ticket form for juvenile cited violations.

Section 23-1A-3 - State's attorney as attorney for plaintiff.

Section 23-1A-4 - Complaint and summons as only complaint necessary.

Section 23-1A-5 - Signature under oath on complaint--Traffic ticket issued by law enforcement officer.

Section 23-1A-6 - Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.

Section 23-1A-7 - Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.

Section 23-1A-8 - Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.

Section 23-1A-9 - Resisting service or refusal to give information as misdemeanor.

Section 23-1A-10 - Defendant's options for disposal of case.

Section 23-1A-11 - Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.

Section 23-1A-12 - Admission of other than traffic violation in lieu of court appearance--Filing with deposit.

Section 23-1A-13 - Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.

Section 23-1A-14 - Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.

Section 23-1A-15 - Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.

Section 23-1A-16 - Relief from admission by appearing in court--Matter set for trial.

Section 23-1A-17 - Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.

Section 23-1A-18 - Failure to appear after deposit or admission--Judgment entered.

Section 23-1A-19 - Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.

Section 23-1A-20 - Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.

Section 23-1A-21 - Effect of judgment same as for other civil judgments--Execution, levy, and liens.

Section 23-1A-22 - Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.

Section 23-1A-23 - Judgment proceeds deposited in county treasuries.