South Dakota Codified Laws
Chapter 01A - Petty Offense Procedure
Section 23-1A-17 - Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.

23-1A-17. Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
If a defendant appears in court, personally or by his attorney, he shall be asked whether he admits or denies the commission of the offense alleged in the complaint. If he admits the commission of the alleged offense, the court shall accept his admission and enter a judgment against him for the amount established by §23-1A-22. If a defendant denies the allegations in a complaint, the case may be tried at that time. A jury trial may not be granted for petty offenses, but conduct for the trial of a petty offense shall otherwise be governed by the rules of civil procedure. If either the defendant or plaintiff requests a continuance, a court may set a later date for trial, which may not exceed thirty days from the date of the initial appearance. A defendant's request for a continuance may not be granted unless he deposits with the court a sum equal to the amount set by §23-1A-22.

Source: SL 1977, ch 193, §16; SL 1980, ch 26, §29; SL 1984, ch 12, §14.

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.