35-10-26. Pleadings and evidence in contempt actions.
The accused in any proceeding pursuant to §35-10-25 may plead in the same manner as to an information or indictment, insofar as the same is applicable. Evidence may be oral or in the form of affidavits, or both. The court may require the defendant to answer interrogatories, either written or oral. The defendant need not necessarily be discharged upon the defendant's denial of the facts stated in the moving papers.
Source: SL 1939, ch 15, §3; SDC Supp 1960, §5.0114-4; SL 2008, ch 37, §207.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 10 - Enforcement Powers And Procedures
Section 35-10-1 - Promulgation of rules.
Section 35-10-4 - Subpoena and administration of oaths by secretary.
Section 35-10-8 - Enforcement and collection of cost penalties assessed for violations.
Section 35-10-9 - Notice of convictions mailed to local and state licensing authorities.
Section 35-10-14 - Report of beverages confiscated--Destruction of unsalable beverages.
Section 35-10-15 - Custody and storage of salable confiscated beverages.
Section 35-10-16 - Sale by secretary of confiscated beverages--Disposition of proceeds.
Section 35-10-19 - Action to enjoin nuisance--Bond not required.
Section 35-10-20 - Action secured against premises--Parties defendant.
Section 35-10-21 - Temporary injunction in action to enjoin nuisance.
Section 35-10-23 - Bond to secure occupancy of place of violation--Conditions.
Section 35-10-25 - Summary punishment for contempt--Affidavits as prima facie case.
Section 35-10-26 - Pleadings and evidence in contempt actions.
Section 35-10-27 - Proceedings governed by general law of contempt.