Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 01 - The Supreme Court
Section 16-1-1 - Supreme Court districts. - 16-1-1. Supreme Court districts. The state is divided into five...
Section 16-1-2 - Number of justices--Term of office--Retention elections. - 16-1-2. Number of justices--Term of office--Retention elections. The Supreme Court...
Section 16-1-2.1 - Election of Chief Justice--Term of office--Removal. - 16-1-2.1. Election of Chief Justice--Term of office--Removal. The Chief Justice...
Section 16-1-2.2 - Form of retention ballot. - 16-1-2.2. Form of retention ballot. The State Board of Elections...
Section 16-1-3.1 - Additional compensation of Chief Justice--Exclusion from retirement provisions. - 16-1-3.1. Additional compensation of Chief Justice--Exclusion from retirement provisions. The...
Section 16-1-4.1 - Mandatory retirement of justices at age seventy--Conclusion of pending matters. - 16-1-4.1. Mandatory retirement of justices at age seventy--Conclusion of pending...
Section 16-1-5 - Retired justices and retired or active judges acting in place of disqualified justices. - 16-1-5. Retired justices and retired or active judges acting in...
Section 16-1-9 - Term of Supreme Court--Places. - 16-1-9. Term of Supreme Court--Places. The Supreme Court shall have...
Section 16-1-14 - Supreme Court library--Publications included--Control by justices. - 16-1-14. Supreme Court library--Publications included--Control by justices. The Supreme Court...
Chapter 01A - Commission On Judicial Qualifications
Section 16-1A-1 - Definition of terms. - 16-1A-1.Definition of terms. Terms as used in this chapter, unless...
Section 16-1A-2 - Commission membership--Terms of office. - 16-1A-2. Commission membership--Terms of office. There is hereby created a...
Section 16-1A-3 - Termination of commission membership on departure from qualifying position--Removal of members--Vacancies. - 16-1A-3. Termination of commission membership on departure from qualifying position--Removal...
Section 16-1A-4 - Budget for commission--Rules--Confidentiality of proceedings--Administrative support. - 16-1A-4. Budget for commission--Rules--Confidentiality of proceedings--Administrative support. The Supreme Court...
Section 16-1A-5 - Chairman of commission--Majority required for action. - 16-1A-5. Chairman of commission--Majority required for action. The commission shall...
Section 16-1A-6 - Travel expenses and per diem of commission members. - 16-1A-6. Travel expenses and per diem of commission members. Each...
Section 16-1A-7 - Employment of personnel by commission--Powers in investigation. - 16-1A-7. Employment of personnel by commission--Powers in investigation. The commission...
Section 16-1A-8 - Employment of personnel by commission--Compensation of witnesses--Counsel. - 16-1A-8. Employment of personnel by commission--Compensation of witnesses--Counsel. The commission...
Section 16-1A-9 - Recommendations by commission. - 16-1A-9. Recommendations by commission. Based upon its findings the Commission...
Section 16-1A-10 - Status of judge pending criminal, removal or retirement proceedings. - 16-1A-10. Status of judge pending criminal, removal or retirement proceedings....
Section 16-1A-11 - Participating judge disqualified from sitting in appeal. - 16-1A-11. Participating judge disqualified from sitting in appeal. A judge...
Section 16-1A-12 - Suspension of judge on conviction of crime--Reversal of conviction--Removal when conviction final. - 16-1A-12. Suspension of judge on conviction of crime--Reversal of conviction--Removal...
Section 16-1A-13 - Benefits retained by retired judge--Loss of benefits by removed judge . - 16-1A-13. Benefits retained by retired judge--Loss of benefits by removed...
Section 16-1A-15 - Judicial Qualifications Commission to investigate matters referred by Division of Criminal Investigation. - 16-1A-15. Judicial Qualifications Commission to investigate matters referred by Division...
Appendix A. - Appendix - APPENDIX TO CHAPTER 16-1A RULES OF PROCEDURE OF THE JUDICIAL...
Chapter 02 - The Unified Judicial System
Section 16-2-20 - General supervision of circuit courts by Chief Justice--Purposes. - 16-2-20. General supervision of circuit courts by Chief Justice--Purposes. Pursuant...
Section 16-2-20.1 - Quarterly reports of undecided circuit court cases--Submission and transmittal--Discipline for noncompliance. - 16-2-20.1. Quarterly reports of undecided circuit court cases--Submission and transmittal--Discipline...
Section 16-2-21 - Presiding judges--Appointment--Administrative powers and duties--Court held in each county. - 16-2-21. Presiding judges--Appointment--Administrative powers and duties--Court held in each county....
Section 16-2-23.1 - Fees retained by court reporter. - 16-2-23.1. Fees retained by court reporter. Notwithstanding §3-8-3, a court...
Section 16-2-25 - Counties to provide facilities for clerk. - 16-2-25. Counties to provide facilities for clerk. Each county in...
Section 16-2-25.1 - Supplies of judge or magistrate provided to unified system. - 16-2-25.1. Supplies of judge or magistrate provided to unified system....
Section 16-2-26 - Municipalities and townships to provide facilities for magistrates' clerks. - 16-2-26. Municipalities and townships to provide facilities for magistrates' clerks....
Section 16-2-27 - Continuing duties of clerks of court. - 16-2-27. Continuing duties of clerks of court. The duly elected...
Section 16-2-27.1 - Passport application duties of clerks--Fees. - 16-2-27.1. Passport application duties of clerks--Fees. Clerks of the circuit...
Section 16-2-28 - Accounting system for funds. - 16-2-28. Accounting system for funds. The Supreme Court shall by...
Section 16-2-29 - Fees charged by clerk of courts--Governmental bodies exempt. - 16-2-29. Fees charged by clerk of courts--Governmental bodies exempt. The...
Section 16-2-29.1 - Fees of Supreme Court clerk--No fee in certain cases. - 16-2-29.1. Fees of Supreme Court clerk--No fee in certain cases....
Section 16-2-29.2 - Waiver of filing fees and service costs--Motion to court. - 16-2-29.2. Waiver of filing fees and service costs--Motion to court....
Section 16-2-29.3 - Waiver of filing fees--Affidavit of inability to pay. - 16-2-29.3. Waiver of filing fees--Affidavit of inability to pay. The...
Section 16-2-29.4 - Waiver of filing fees--Dismissal of action if allegation of poverty untrue or action frivolous or malicious. - 16-2-29.4. Waiver of filing fees--Dismissal of action if allegation of...
Section 16-2-29.5 - Records search fee. - 16-2-29.5. Records search fee. The clerk of court shall charge...
Section 16-2-29.6 - Electronic searches of money judgments. - 16-2-29.6. Electronic searches of money judgments. Electronic searches of the...
Section 16-2-30 - Clerk to forward fees and costs monthly to county treasurer. - 16-2-30. Clerk to forward fees and costs monthly to county...
Section 16-2-34 - Distribution of fines and penalties collected for violation of local ordinances. - 16-2-34. Distribution of fines and penalties collected for violation of...
Section 16-2-38 - Unified Judicial System court automation fund created. - 16-2-38. Unified Judicial System court automation fund created. There is...
Section 16-2-39 - Court automation surcharge--Amount in civil action--Collection. - 16-2-39. Court automation surcharge--Amount in civil action--Collection. In each civil...
Section 16-2-39.1 - Court automation surcharge for small claims actions after June 30, 2015. - 16-2-39.1. Court automation surcharge for small claims actions after June...
Section 16-2-40 - Surcharge taxable as costs. - 16-2-40. Surcharge taxable as costs. The surcharge provided for in...
Section 16-2-41 - Court automation surcharge for certain criminal actions. - 16-2-41. Court automation surcharge for certain criminal actions. In each...
Section 16-2-41.1 - Court automation surcharge for actions filed in Supreme Court. - 16-2-41.1. Court automation surcharge for actions filed in Supreme Court....
Section 16-2-42 - Waiver of surcharge--Conditions. - 16-2-42. Waiver of surcharge--Conditions. The surcharge provided for in §16-2-39...
Section 16-2-43 - Collection and transmittal to state treasurer--Deposit in funds. - 16-2-43. Collection and transmittal to state treasurer--Deposit in funds. The...
Section 16-2-44 - Use of court automation fund money. - 16-2-44. Use of court automation fund money. Any money in...
Section 16-2-45 - Fee for filing divorce action--Distribution of fee. - 16-2-45. Fee for filing divorce action--Distribution of fee. The clerk...
Section 16-2-46 - Uniform forms for protection orders. - 16-2-46. Uniform forms for protection orders. The Unified Judicial System...
Section 16-2-47 - Refusal to file or docket document. - 16-2-47. Refusal to file or docket document. A clerk of...
Section 16-2-47.1 - Written notice by clerk of counterfeit documents. - 16-2-47.1. Written notice by clerk of counterfeit documents. If a...
Section 16-2-48 - Court action for refusal to file or docket document. - 16-2-48. Court action for refusal to file or docket document....
Section 16-2-49 - Liability for refusal to file or docket document. - 16-2-49. Liability for refusal to file or docket document. If...
Section 16-2-50 - Definitions. - 16-2-50. Definitions. Terms used in §§23-3-52, 23-3-53, and 16-2-50 to...
Section 16-2-51 - Court appointed special advocates grant program established. - 16-2-51. Court appointed special advocates grant program established. The court...
Section 16-2-52 - Court appointed special advocates fund established--Use of fund. - 16-2-52. Court appointed special advocates fund established--Use of fund. There...
Section 16-2-53 - Court Appointed Special Advocates Commission established--Membership--Terms--Reimbursement. - 16-2-53. Court Appointed Special Advocates Commission established--Membership--Terms--Reimbursement. There is created...
Section 16-2-54 - Award of grants--Procedures for obtaining grant. - 16-2-54. Award of grants--Procedures for obtaining grant. The commission shall...
Section 16-2-55 - Commission on Equal Access to Our Courts created. - 16-2-55. Commission on Equal Access to Our Courts created. There...
Section 16-2-56 - Grants to entities that deliver services to persons meeting income guidelines. - 16-2-56. Grants to entities that deliver services to persons meeting...
Section 16-2-56.1 - Considerations for awarding grants from equal access to our courts fund. - 16-2-56.1. Considerations for awarding grants from equal access to our...
Section 16-2-57 - Settlement of class action lawsuit. - 16-2-57. Settlement of class action lawsuit. Any order settling a...
Section 16-2-58 - Commission on equal access to our courts surcharge for petition to modify order for child support, child custody, child visitation, or spousal support. - 16-2-58. Commission on equal access to our courts surcharge for...
Section 16-2-58.1 - Commission on equal access to our courts surcharge for answer or responsive pleading to petition to modify order for child support, child custody, child visitation, or spousal support. - 16-2-58.1. Commission on equal access to our courts surcharge for...
Section 16-2-58.2 - Commission on equal access to our courts surcharge for answer or responsive pleading in proceedings not subject to § 16-2-58.1. - 16-2-58.2. Commission on equal access to our courts surcharge for...
Section 16-2-59 - Collection of surcharge--Equal access to our courts fund. - 16-2-59. Collection of surcharge--Equal access to our courts fund. The...
Section 16-2-60 - Residential alternative care program for indigent adults to reduce risk of recidivism. - 16-2-60. Residential alternative care program for indigent adults to reduce...
Section 16-2-61 - Alternative care program grants. - 16-2-61. Alternative care program grants. The Unified Judicial System shall...
Section 16-2-62 - Report of grant recipient. - 16-2-62. Report of grant recipient. The recipient of any such...
Section 16-2-63 - Electronic access to case documents pilot program . - 16-2-63. Electronic access to case documents pilot program . The...
Section 16-2-64 - Document charges for electronic access to documents pilot program. - 16-2-64. Document charges for electronic access to documents pilot program....
Section 16-2-A - SOUTH DAKOTA CODE OF JUDICIAL CONDUCT - APPENDIX A. APPENDIX A TO CHAPTER 16-2 SOUTH DAKOTA CODE...
Section 16-2-B - CODE OF CONDUCT FOR INTERPRETERS IN THE SOUTH DAKOTA JUDICIARY - APPENDIX B TO CHAPTER 16-2 CODE OF CONDUCT FOR INTERPRETERS...
Chapter 03 - Supreme Court Rules
Section 16-3-1 - Law governing making of rules. - 16-3-1. Law governing making of rules. In the exercise of...
Section 16-3-2 - Power of Supreme Court to make rules of practice and procedure--Actions, proceedings, and appeals to which applicable. - 16-3-2. Power of Supreme Court to make rules of practice...
Section 16-3-3 - Substantive rights not to be affected by rules. - 16-3-3. Substantive rights not to be affected by rules. No...
Section 16-3-5 - Rules governing petitions for and notice of court rules. - 16-3-5. Rules governing petitions for and notice of court rules....
Section 16-3-5.1 - Court rules--Filing of notice of rule changes proposed by Supreme Court--Publication Hearing--Combined notices--Rules governing internal operation effective on filing. - 16-3-5.1. Court rules--Filing of notice of rule changes proposed by...
Section 16-3-6.1 - Amendment of existing rule--Publication. - 16-3-6.1. Amendment of existing rule--Publication. When the Supreme Court amends...
Section 16-3-7 - Filing of rules with secretary of state--Distribution and publication. - 16-3-7. Filing of rules with secretary of state--Distribution and publication....
Section 16-3-9 - Supreme Court rules governing attorneys. - 16-3-9. Supreme Court rules governing attorneys. The Supreme Court shall...
Section 16-3-10 - Facsimile transmissions to Supreme Court justices. - 16-3-10. Facsimile transmissions to Supreme Court justices. Any facsimile transmission...
Section 16-3-11 - Grounds for declaration of judicial emergency. - 16-3-11. Grounds for declaration of judicial emergency. A judicial emergency...
Section 16-3-12 - Supreme Court declaration of judicial emergency by order--Contents. - 16-3-12. Supreme Court declaration of judicial emergency by order--Contents. The...
Section 16-3-13 - Designation of another facility for court business. - 16-3-13. Designation of another facility for court business. If the...
Section 16-3-14 - Suspension, extension, or other relief from deadlines, time schedules, or filing requirements. - 16-3-14. Suspension, extension, or other relief from deadlines, time schedules,...
Section 16-3-15 - Notice of order declaring judicial emergency. - 16-3-15. Notice of order declaring judicial emergency. Upon the issuance...
Chapter 04 - Supreme Court Reports
Section 16-4-1 - Contract for publication of opinions--Payment. - 16-4-1. Contract for publication of opinions--Payment. The Supreme Court of...
Chapter 05 - Judicial Circuits And Terms Of Court
Section 16-5-1.2 - Number of judicial circuits--Counties included. - 16-5-1.2. Number of judicial circuits--Counties included. There shall be seven...
Section 16-5-12 - First day of term falling on holiday. - 16-5-12. First day of term falling on holiday. Whenever the...
Section 16-5-13 - Simultaneous terms of circuit court in different counties. - 16-5-13. Simultaneous terms of circuit court in different counties. Two...
Section 16-5-14 - Simultaneous sessions of circuit court in same or different counties. - 16-5-14. Simultaneous sessions of circuit court in same or different...
Section 16-5-15 - Special terms of courts of record--Order filed with clerk--Powers at special term. - 16-5-15. Special terms of courts of record--Order filed with clerk--Powers...
Section 16-5-16 - Special emergency term of court when immediate trial demanded by extraordinary circumstances--Summons of jury. - 16-5-16. Special emergency term of court when immediate trial demanded...
Section 16-5-17 - Special and adjourned terms of circuit court. - 16-5-17. Special and adjourned terms of circuit court. The circuit...
Section 16-5-18 - Special term of circuit court on request of county commissioners--Order filed with clerk. - 16-5-18. Special term of circuit court on request of county...
Section 16-5-22 - Place of holding terms of circuit court. - 16-5-22. Place of holding terms of circuit court. All terms...
Section 16-5-23 - Regular terms of circuit court held if cases ready for trial--Juries called. - 16-5-23. Regular terms of circuit court held if cases ready...
Section 16-5-24 - Postponement of opening of term of circuit court--Adjournment by clerk in absence of judge. - 16-5-24. Postponement of opening of term of circuit court--Adjournment by...
Section 16-5-25 - Adjournment of circuit court term--Resumption of business on day fixed. - 16-5-25. Adjournment of circuit court term--Resumption of business on day...
Section 16-5-26 - Adjournment of circuit court to day certain or until notice--Jury panel retained. - 16-5-26. Adjournment of circuit court to day certain or until...
Section 16-5-27 - Regular term in session until terminated or next term. - 16-5-27. Regular term in session until terminated or next term....
Section 16-5-28 - Termination of circuit court term--Dismissal of jury--Special term and new jury. - 16-5-28. Termination of circuit court term--Dismissal of jury--Special term and...
Chapter 06 - Circuit Courts
Section 16-6-1 - Number of judges in judicial circuits. - 16-6-1. Number of judges in judicial circuits. The number of...
Section 16-6-3 - Time of election of judges--Terms of office. - 16-6-3. Time of election of judges--Terms of office. At the...
Section 16-6-5.1 - Additional compensation of presiding circuit judge--Not subject to certain retirement provisions. - 16-6-5.1. Additional compensation of presiding circuit judge--Not subject to certain...
Section 16-6-6 - Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses. - 16-6-6. Reimbursement of expenses of circuit judges--Waiver of right to...
Section 16-6-7 - Courtroom facilities for circuit judges provided by counties. - 16-6-7. Courtroom facilities for circuit judges provided by counties. The...
Section 16-6-8 - Chancery and common-law jurisdiction of circuit court. - 16-6-8. Chancery and common-law jurisdiction of circuit court. The circuit...
Section 16-6-9 - Original civil jurisdiction of circuit court. - 16-6-9. Original civil jurisdiction of circuit court. The circuit court...
Section 16-6-9.2 - Facsimile transmissions--Applicable statutory requirements. - 16-6-9.2. Facsimile transmissions--Applicable statutory requirements. The circuit court may use...
Section 16-6-10 - Appellate jurisdiction of circuit court. - 16-6-10. Appellate jurisdiction of circuit court. The circuit court has...
Section 16-6-12 - Original criminal jurisdiction of circuit court. - 16-6-12. Original criminal jurisdiction of circuit court. The circuit court...
Section 16-6-14 - Circuit court jurisdiction as to persons detained. - 16-6-14. Circuit court jurisdiction as to persons detained. The circuit...
Section 16-6-15 - Circuit court writs in exercise of powers. - 16-6-15. Circuit court writs in exercise of powers. The circuit...
Section 16-6-16 - Court always open for business--Place of hearings and determinations. - 16-6-16. Court always open for business--Place of hearings and determinations....
Section 16-6-17 - Issues of fact tried in proper county--Order at chambers any place within state. - 16-6-17. Issues of fact tried in proper county--Order at chambers...
Section 16-6-29 - Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office. - 16-6-29. Circuit judge as judge in any circuit--Effect of acts...
Section 16-6-31 - Mandatory retirement of judges at age seventy--Conclusion of pending matters. - 16-6-31. Mandatory retirement of judges at age seventy--Conclusion of pending...
Section 16-6-32 - Service by retired justices and judges--Effect of acts. - 16-6-32. Service by retired justices and judges--Effect of acts. Retired...
Chapter 12A - Magistrate Courts
Section 16-12A-1.1 - "Magistrate" defined--License to practice law required. - 16-12A-1.1."Magistrate" defined--License to practice law required. As used in this...
Section 16-12A-2.2 - Magistrate court established within each circuit. - 16-12A-2.2.Magistrate court established within each circuit. Pursuant to the provisions...
Section 16-12A-2.3 - Court with magistrate judge as court of record. - 16-12A-2.3. Court with magistrate judge as court of record. Any...
Section 16-12A-3.3 - Number of magistrates appointed. - 16-12A-3.3. Number of magistrates appointed. Subject to such rules as...
Section 16-12A-4.2 - Appointment and tenure of magistrates--Terms of office. - 16-12A-4.2. Appointment and tenure of magistrates--Terms of office. Each magistrate...
Section 16-12A-10.2 - Compensation of magistrates--Budgeting and appropriations. - 16-12A-10.2. Compensation of magistrates--Budgeting and appropriations. The compensation of a...
Section 16-12A-27.1 - Right of appeal to circuit court. - 16-12A-27.1. Right of appeal to circuit court. Unless appeal is...
Section 16-12A-29.1 - Counties to provide facilities for court. - 16-12A-29.1. Counties to provide facilities for court. Each county in...
Section 16-12A-30.1 - Municipality to provide facilities for court. - 16-12A-30.1. Municipality to provide facilities for court. Any municipality in...
Section 16-12A-31 - Filing fees. - 16-12A-31. Filing fees. Filing fees in magistrate court, unless otherwise...
Chapter 12B - Magistrate Judges
Section 16-12B-1 - Temporary transfer of magistrate judge--Powers and duties. - 16-12B-1. Temporary transfer of magistrate judge--Powers and duties. If the...
Section 16-12B-1.1 - Number of magistrate judges. - 16-12B-1.1. Number of magistrate judges. The number of magistrate judges...
Section 16-12B-1.2 - Certification and information on nominees for magistrate judge--Approval by Supreme Court. - 16-12B-1.2. Certification and information on nominees for magistrate judge--Approval by...
Section 16-12B-1.3 - Term of magistrate judges--Removal. - 16-12B-1.3. Term of magistrate judges--Removal. Persons appointed as full-time magistrate...
Section 16-12B-2 - Service as magistrate by retired justice or judge--Effect of acts--Expenses. - 16-12B-2. Service as magistrate by retired justice or judge--Effect of...
Section 16-12B-3 - Authority to solemnize marriages--Fees. - 16-12B-3. Authority to solemnize marriages--Fees. A magistrate judge appointed pursuant...
Section 16-12B-4 - Authority to administer oaths, etc.. - 16-12B-4. Authority to administer oaths, etc.. A magistrate judge appointed...
Section 16-12B-5 - Jurisdiction to issue summonses, warrants. - 16-12B-5. Jurisdiction to issue summonses, warrants. A magistrate court with...
Section 16-12B-6 - Right to counsel in magistrate court. - 16-12B-6. Right to counsel in magistrate court. No party may...
Section 16-12B-7 - Jurisdiction--Bonds and personal recognizance. - 16-12B-7. Jurisdiction--Bonds and personal recognizance. A magistrate court with a...
Section 16-12B-8 - Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing. - 16-12B-8. Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance...
Section 16-12B-9 - Jurisdiction--Forfeiture of appearance bonds. - 16-12B-9. Jurisdiction--Forfeiture of appearance bonds. A magistrate court with a...
Section 16-12B-10 - Jurisdiction--Committal. - 16-12B-10. Jurisdiction--Committal. A magistrate court with a magistrate judge presiding...
Section 16-12B-11 - Jurisdiction--Trial of minor criminal cases. - 16-12B-11. Jurisdiction--Trial of minor criminal cases. A magistrate court with...
Section 16-12B-12 - Jurisdiction--Small claim proceedings. - 16-12B-12. Jurisdiction--Small claim proceedings. A magistrate court with a magistrate...
Section 16-12B-13 - Jurisdiction--Limitations. - 16-12B-13. Jurisdiction--Limitations. A magistrate court with a magistrate judge presiding...
Section 16-12B-14 - Jurisdiction--Mental illness cases. - 16-12B-14. Jurisdiction--Mental illness cases. A magistrate court with a magistrate...
Section 16-12B-14.1 - Jurisdiction--Adult probationary drug court program. - 16-12B-14.1. Jurisdiction--Adult probationary drug court program. Any magistrate court with...
Section 16-12B-15 - Record of proceedings in magistrate court--Stenographic record--Costs--Appeal. - 16-12B-15. Record of proceedings in magistrate court--Stenographic record--Costs--Appeal. Except in...
Section 16-12B-16 - Right of appeal to circuit court. - 16-12B-16. Right of appeal to circuit court. Unless appeal is...
Section 16-12B-17 - Practice of law by magistrates. - 16-12B-17. Practice of law by magistrates. Any attorney who is...
Section 16-12B-18 - Court practice prohibited to full-time magistrates. - 16-12B-18. Court practice prohibited to full-time magistrates. No magistrate judge...
Chapter 12C - Clerk Magistrates
Section 16-12C-1 - Appointment of clerk, deputy clerk as clerk magistrate--Valid in any circuit. - 16-12C-1. Appointment of clerk, deputy clerk as clerk magistrate--Valid in...
Section 16-12C-2 - Educational qualifications of clerk magistrate. - 16-12C-2. Educational qualifications of clerk magistrate. No person is eligible...
Section 16-12C-2.1 - Certification of clerk magistrate-Notice of termination. - 16-12C-2.1. Certification of clerk magistrate-Notice of termination. The presiding judge...
Section 16-12C-3 - Attendance at institute prerequisite to taking office--Exception. - 16-12C-3. Attendance at institute prerequisite to taking office--Exception. No clerk...
Section 16-12C-4 - Establishment and schedule of clerk magistrate's institutes--Court may require attendance. - 16-12C-4. Establishment and schedule of clerk magistrate's institutes--Court may require...
Section 16-12C-5 - Authority to solemnize marriages--Fees. - 16-12C-5. Authority to solemnize marriages--Fees. A clerk magistrate appointed pursuant...
Section 16-12C-6 - Authority to administer oaths, etc. - 16-12C-6. Authority to administer oaths, etc.. A clerk magistrate appointed...
Section 16-12C-7 - Jurisdiction to issue summonses, warrants. - 16-12C-7. Jurisdiction to issue summonses, warrants. A magistrate court with...
Section 16-12C-8 - Right to counsel in magistrate court. - 16-12C-8. Right to counsel in magistrate court. No party may...
Section 16-12C-9 - Jurisdiction--Committal--Conditions. - 16-12C-9. Jurisdiction--Committal--Conditions. A magistrate court with a clerk magistrate presiding...
Section 16-12C-10 - Jurisdiction--Bonds and personal recognizance. - 16-12C-10. Jurisdiction--Bonds and personal recognizance. A magistrate court with a...
Section 16-12C-11 - Jurisdiction--Petty offenses--Acceptance of pleas--Sentencing--Overweight vehicle penalties. - 16-12C-11. Jurisdiction--Petty offenses--Acceptance of pleas--Sentencing--Overweight vehicle penalties. A magistrate court...
Section 16-12C-12 - Jurisdiction--Forfeiture of appearance bonds. - 16-12C-12. Jurisdiction--Forfeiture of appearance bonds. A magistrate court with a...
Section 16-12C-13 - Jurisdiction--Noncontested proceedings with limited damage amount. - 16-12C-13. Jurisdiction--Noncontested proceedings with limited damage amount. A magistrate court...
Section 16-12C-14 - Record of proceedings before clerk magistrate--Stenographic record--Costs--Appeal. - 16-12C-14. Record of proceedings before clerk magistrate--Stenographic record--Costs--Appeal. Except in...
Section 16-12C-15 - Right of appeal to circuit court. - 16-12C-15. Right of appeal to circuit court. Unless appeal is...
Chapter 13 - Jury Lists And Panels
Section 16-13-1 - Master jury list for each county--Courts by which used--Summons to supply deficiency--Annual compilation of list. - 16-13-1. Master jury list for each county--Courts by which used--Summons...
Section 16-13-2 - Minimum number of names placed on master jury list. - 16-13-2. Minimum number of names placed on master jury list....
Section 16-13-4.1 - Jury selection list to consist of voter registration list supplemented by driver license and identification card lists. - 16-13-4.1. Jury selection list to consist of voter registration list...
Section 16-13-9.1 - Master jury list defined. - 16-13-9.1. Master jury list defined. For the purposes of this...
Section 16-13-9.2 - Random selection of names placed on master jury list--Number of names--Electronic process authorized. - 16-13-9.2. Random selection of names placed on master jury list--Number...
Section 16-13-10 - Qualifications of jurors. - 16-13-10. Qualifications of jurors. Any citizen of this state, who...
Section 16-13-10.1 - Policy of state regarding jury selection and service. - 16-13-10.1. Policy of state regarding jury selection and service. It...
Section 16-13-10.2 - Discrimination prohibited. - 16-13-10.2. Discrimination prohibited. No citizen shall be excluded from service...
Section 16-13-10.3 - Certain elderly persons may be excused upon request. - 16-13-10.3. Certain elderly persons may be excused upon request. Any...
Section 16-13-10.4 - Breastfeeding mothers and new parents exempt from jury duty. - 16-13-10.4. Breastfeeding mothers and new parents exempt from jury duty....
Section 16-13-13 - Signing and filing of master juror list--Preparation of separate tickets by clerk of court--Electronic process authorized. - 16-13-13. Signing and filing of master juror list--Preparation of separate...
Section 16-13-15 - Review of qualifications of jurors on master jury list--Removal of disqualified persons from list--Record of reasons for disqualification. - 16-13-15. Review of qualifications of jurors on master jury list--Removal...
Section 16-13-18.1 - Random selection process defined. - 16-13-18.1. Random selection process defined. For the purposes of this...
Section 16-13-18.2 - Enforcement of chapter by Supreme Court. - 16-13-18.2. Enforcement of chapter by Supreme Court. The Supreme Court...
Section 16-13-18.3 - Responsibility of circuit presiding judge--Variation of process to meet local conditions--Approval and filing of variations. - 16-13-18.3. Responsibility of circuit presiding judge--Variation of process to meet...
Section 16-13-18.4 - Creation of jury district for county with population of less than five thousand. - 16-13-18.4. Creation of jury district for county with population of...
Section 16-13-19 - Additional selections if master list inadequate. - 16-13-19. Additional selections if master list inadequate. If the master...
Section 16-13-20 - Summons of grand jury. - 16-13-20. Summons of grand jury. The grand jury shall be...
Section 16-13-21 - Circuit court order required for summons of grand jury. - 16-13-21. Circuit court order required for summons of grand jury....
Section 16-13-22 - Circuit court order for selection of petit jury--Specifications of order. - 16-13-22. Circuit court order for selection of petit jury--Specifications of...
Section 16-13-23 - Time for selection of jury panels. - 16-13-23. Time for selection of jury panels. Within fifteen days...
Section 16-13-27 - Electronic selection system used to fill jury panels. - 16-13-27. Electronic selection system used to fill jury panels. The...
Section 16-13-28 - Disregard and replacement of jurors who have served. - 16-13-28. Disregard and replacement of jurors who have served. If...
Section 16-13-29 - First names drawn as grand jury. - 16-13-29. First names drawn as grand jury. If the calling...
Section 16-13-31 - Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance. - 16-13-31. Panel not invalidated by irregularity--Dismissal of panel after misfeasance...
Section 16-13-31.1 - Preservation of jury selection records--Public inspection. - 16-13-31.1. Preservation of jury selection records--Public inspection. All records, lists,...
Section 16-13-32 - Neglect of officer's duty or malfeasance as contempt of court. - 16-13-32. Neglect of officer's duty or malfeasance as contempt of...
Section 16-13-33 - Improper listing of names drawn as misdemeanor. - 16-13-33. Improper listing of names drawn as misdemeanor. Every person...
Section 16-13-34 - Notice to jurors drawn for circuit court panel--Return of acceptance of service. - 16-13-34. Notice to jurors drawn for circuit court panel--Return of...
Section 16-13-35 - Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation. - 16-13-35. Service by sheriff on circuit court juror failing to...
Section 16-13-37 - Judges to prescribe manner in which jury panels utilized and how summoned. - 16-13-37. Judges to prescribe manner in which jury panels utilized...
Section 16-13-37.1 - Magistrate court utilization of jury panels. - 16-13-37.1. Magistrate court utilization of jury panels. The petit jury...
Section 16-13-39 - Magistrate court powers and procedure in summoning jury and witnesses. - 16-13-39. Magistrate court powers and procedure in summoning jury and...
Section 16-13-41 - Duty of jurors to appear when summoned. - 16-13-41. Duty of jurors to appear when summoned. Each grand...
Section 16-13-41.1 - Discharge or suspension from employment for jury service as misdemeanor. - 16-13-41.1. Discharge or suspension from employment for jury service as...
Section 16-13-41.2 - Retention of employment status during jury status--Pay. - 16-13-41.2. Retention of employment status during jury status--Pay. Any employee...
Section 16-13-42 - Summons of additional jurors to supply deficiencies in panel--Procedure where jury list exhausted. - 16-13-42. Summons of additional jurors to supply deficiencies in panel--Procedure...
Section 16-13-43 - Summons of additional jurors when panel exhausted by challenges. - 16-13-43. Summons of additional jurors when panel exhausted by challenges....
Section 16-13-44 - Application for jury duty prohibited--Report to circuit court--Violation as misdemeanor. - 16-13-44. Application for jury duty prohibited--Report to circuit court--Violation as...
Section 16-13-45 - Failure to appear for jury duty or return jury questionnaire as contempt of court--Penalty. - 16-13-45. Failure to appear for jury duty or return jury...
Section 16-13-46 - Jurors' per diem and mileage--Appearance fee--Certification and payment. - 16-13-46. Jurors' per diem and mileage--Appearance fee--Certification and payment. Each...
Section 16-13-47 - Jurors' expenses and fees in cases on violation of municipal laws. - 16-13-47. Jurors' expenses and fees in cases on violation of...
Section 16-13-47.1 - Weekly payment of jurors. - 16-13-47.1. Weekly payment of jurors. Any juror having compensation or...
Section 16-13-49 - Permitting improper communication with jury as misdemeanor. - 16-13-49. Permitting improper communication with jury as misdemeanor. Every officer...
Chapter 14 - Judicial Conference
Section 16-14-1 - Conference established--Composition. - 16-14-1. Conference established--Composition. A conference for the improvement of the...
Section 16-14-2 - Study of state judicial system by conference. - 16-14-2. Study of state judicial system by conference. It shall...
Section 16-14-3 - Study of rules of practice by conference--Recommendations for changes. - 16-14-3. Study of rules of practice by conference--Recommendations for changes....
Section 16-14-4 - Annual and special meetings of conference--Training on evidence-based practices. - 16-14-4. Annual and special meetings of conference--Training on evidence-based practices....
Section 16-14-5 - Agenda for conference meetings--Reports by judges. - 16-14-5. Agenda for conference meetings--Reports by judges. The Chief Justice...
Section 16-14-7 - Sexual harassment prevention training for judges. - 16-14-7. Sexual harassment prevention training for judges. Every judge or...
Chapter 15 - Contempt And Offenses Against The Judiciary
Section 16-15-1 - Action or arrest in improper name as misdemeanor. - 16-15-1. Action or arrest in improper name as misdemeanor. Every...
Section 16-15-2 - Disorderly behavior in presence of court as misdemeanor. - 16-15-2. Disorderly behavior in presence of court as misdemeanor. Every...
Section 16-15-3 - Disorderly behavior in presence of referee as misdemeanor. - 16-15-3. Disorderly behavior in presence of referee as misdemeanor. Every...
Section 16-15-4 - Disturbance of court proceedings as misdemeanor. - 16-15-4. Disturbance of court proceedings as misdemeanor. Every person guilty...
Section 16-15-5 - Refusal to testify as misdemeanor. - 16-15-5. Refusal to testify as misdemeanor. Every person guilty of...
Section 16-15-6 - Disobedience of judicial process as misdemeanor. - 16-15-6. Disobedience of judicial process as misdemeanor. Every person guilty...
Section 16-15-7 - Resistance to judicial process as misdemeanor. - 16-15-7. Resistance to judicial process as misdemeanor. Every person guilty...
Section 16-15-8 - False report of judicial proceedings as misdemeanor--Fair report not punishable. - 16-15-8. False report of judicial proceedings as misdemeanor--Fair report not...
Section 16-15-15 - Acceptance of gift from party to action as misdemeanor--Inheritance excepted. - 16-15-15. Acceptance of gift from party to action as misdemeanor--Inheritance...
Chapter 16 - Admission Of Attorneys To Practice
Section 16-16-1 - License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor. - 16-16-1. License from Supreme Court required to practice law--Active membership...
Section 16-16-1.1 - Essential eligibility requirements for admission. - 16-16-1.1 . Essential eligibility requirements for admission. Applicants must be...
Section 16-16-2 - Qualifications of applicants to practice law. - 16-16-2. Qualifications of applicants to practice law. An applicant for...
Section 16-16-2.1 - Standard of good moral character. - 16-16-2.1. Standard of good moral character. Good moral character, required...
Section 16-16-2.2 - Good moral character--Quantum and burden of proof. - 16-16-2.2. Good moral character--Quantum and burden of proof. The applicant...
Section 16-16-2.3 - Good moral character--Relevant conduct. - 16-16-2.3. Good moral character--Relevant conduct. (1)The presence of any of...
Section 16-16-2.4 - Use of information. - 16-16-2.4. Use of information. (1)In reviewing the relevant conduct identified...
Section 16-16-2.5 - Adverse recommendation. - 16-16-2.5. Adverse recommendation. If an application for admission is denied...
Section 16-16-2.6 - Criminal background investigation required--Procedure--Results furnished to board. - 16-16-2.6. Criminal background investigation required--Procedure--Results furnished to board. Each applicant...
Section 16-16-3 - Composition and appointment of board of bar examiners--Terms of office. - 16-16-3. Composition and appointment of board of bar examiners--Terms of...
Section 16-16-4 - Compensation and expenses of bar examiners and secretary. - 16-16-4. Compensation and expenses of bar examiners and secretary. Each...
Section 16-16-5 - Duty of bar examiners--Rules and regulations. - 16-16-5. Duty of bar examiners--Rules and regulations. The Board of...
Section 16-16-6 - Examination required of applicants to practice law--Educational requirements. - 16-16-6. Examination required of applicants to practice law--Educational requirements. All...
Section 16-16-7.1 - Practice of nonresident attorneys employed by legal aid bureaus or public defender agencies--Application. - 16-16-7.1. Practice of nonresident attorneys employed by legal aid bureaus...
Section 16-16-7.2 - Certificates and affidavits filed with application. - 16-16-7.2. Certificates and affidavits filed with application. There shall be...
Section 16-16-7.3 - Order of admission--Duration. - 16-16-7.3. Order of admission--Duration. If the Supreme Court shall find...
Section 16-16-7.4 - Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue. - 16-16-7.4. Submission to disciplinary board jurisdiction--Revocation of admission or referral...
Section 16-16-7.5 - Extent of practice--Compensation. - 16-16-7.5. Extent of practice--Compensation. The admission of the nonresident attorney...
Section 16-16-7.6 - Admission of full-time faculty member of the University of South Dakota law school. - 16-16-7.6. Admission of full-time faculty member of the University of...
Section 16-16-7.7 - Order of admission and duration. - 16-16-7.7. Order of admission and duration. If the Supreme Court...
Section 16-16-7.8 - Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue. - 16-16-7.8. Submission to disciplinary board jurisdiction--Revocation of admission or referral...
Section 16-16-8 - Application for admission on examination. - 16-16-8. Application for admission on examination. Application for admission on...
Section 16-16-9 - Time and place of examination. - 16-16-9. Time and place of examination. The Board of Bar...
Section 16-16-10 - Subjects covered by examination--Public notice. - 16-16-10. Subjects covered by examination--Public notice. The subjects upon which...
Section 16-16-11 - Re-examination after three failures prohibited. - 16-16-11. Re-examination after three failures prohibited. An applicant who fails...
Section 16-16-12.1 - Admission without examination--Eligibility by practice. - 16-16-12.1. Admission without examination--Eligibility by practice. An applicant may be...
Section 16-16-12.2 - Admission without examination--Application requirements. - 16-16-12.2. Admission without examination--Application requirements. The application for admission without...
Section 16-16-12.3 - Attorney licensing when spouse is a member of the armed forces. - 16-16-12.3. Attorney licensing when spouse is a member of the...
Section 16-16-12.4 - Contents of application for licensing when spouse is a member of the armed forces. - 16-16-12.4. Contents of application for licensing when spouse is a...
Section 16-16-13 - Fees payable with application for admission--Disposition of fees. - 16-16-13. Fees payable with application for admission--Disposition of fees. An...
Section 16-16-14 - Discrimination on account of sex prohibited. - 16-16-14. Discrimination on account of sex prohibited. No person shall...
Section 16-16-15 - Board of Bar Examiners--Applications for admission--Investigations--Hearings--Confidentiality--Disciplinary Board. - 16-16-15. Board of Bar Examiners--Applications for admission--Investigations--Hearings--Confidentiality--Disciplinary Board. The Board...
Section 16-16-16 - Review by Supreme Court of bar examiners' decision as to qualifications of applicant. - 16-16-16. Review by Supreme Court of bar examiners' decision as...
Section 16-16-16.1 - Review by Supreme Court of Bar Examiners' decision on ADA request. - 16-16-16.1. Review by Supreme Court of Bar Examiners' decision on...
Section 16-16-17 - Recommendation to Supreme Court for admission to practice--Order and certificate of admission--State Bar membership fee. - 16-16-17. Recommendation to Supreme Court for admission to practice--Order and...
Section 16-16-17.1 - Conditional admission. - 16-16-17.1. Conditional admission. In its sole discretion, the Board of...
Section 16-16-17.2 - Limited purpose of conditional admission. - 16-16-17.2. Limited purpose of conditional admission. As provided by §16-16-7.3,...
Section 16-16-17.3 - Limited circumstances under which conditional admission may be considered. - 16-16-17.3. Limited circumstances under which conditional admission may be considered....
Section 16-16-17.4 - Report of recommendation to Supreme Court. - 16-16-17.4. Report of recommendation to Supreme Court. In the event...
Section 16-16-17.5 - Review of conditional admission. - 16-16-17.5. Review of conditional admission. The Board of Bar Examiners...
Section 16-16-18 - Oath of attorney--Form and administration. - 16-16-18. Oath of attorney--Form and administration. The oath of attorney...
Section 16-16-19 - Rights and privileges conferred by license to practice law. - 16-16-19. Rights and privileges conferred by license to practice law....
Section 16-16-20 - Roll of attorneys maintained by clerk of Supreme Court. - 16-16-20. Roll of attorneys maintained by clerk of Supreme Court....
Section 16-16-21 - Reinstatement of inactive attorneys--Persons eligible. - 16-16-21. Reinstatement of inactive attorneys--Persons eligible. The provisions of §§16-16-22...
Section 16-16-22 - Application for reinstatement--Fees and charges--Determination of eligibility. - 16-16-22. Application for reinstatement--Fees and charges--Determination of eligibility. The application...
Section 16-16-23 - Examination required of applicant for reinstatement--Examination dispensed with if applicant manifestly qualified. - 16-16-23. Examination required of applicant for reinstatement--Examination dispensed with if...
Section 16-16-24 - Notice to State Bar of reinstatement of attorney--Payment of membership fees. - 16-16-24. Notice to State Bar of reinstatement of attorney--Payment of...
Section 16-16-A - REGULATIONS OF THE BOARD OF BAR EXAMINERS - APPENDIX A. APPENDIX TO CHAPTER 16-16 REGULATIONS OF THE BOARD...
Chapter 17 - The State Bar
Section 16-17-1 - Bar continued as public association. - 16-17-1. Bar continued as public association. The State Bar of...
Section 16-17-2 - Purposes of State Bar. - 16-17-2. Purposes of State Bar. The aims and objects of...
Section 16-17-3 - Membership of State Bar. - 16-17-3. Membership of State Bar. The membership of the State...
Section 16-17-4 - Annual membership fee--Bylaws and rules governing fee and use of fund. - 16-17-4. Annual membership fee--Bylaws and rules governing fee and use...
Section 16-17-4.1 - Senior emeritus status. - 16-17-4.1. Senior emeritus status. Notwithstanding any provision to the contrary,...
Section 16-17-5 - Board of commissioners. - 16-17-5. Board of commissioners. The State Bar shall continue to...
Section 16-17-6 - Meetings of State Bar. - 16-17-6. Meetings of State Bar. Annual and special meetings of...
Section 16-17-7 - Bylaws and rules adopted by bar--Approval by Supreme Court. - 16-17-7. Bylaws and rules adopted by bar--Approval by Supreme Court....
Section 16-17-8 - Amendment of bylaws and rules--Approval by Supreme Court. - 16-17-8. Amendment of bylaws and rules--Approval by Supreme Court. Amendments...
Section 16-17-9 - Rules of professional conduct formulated by bar--Professional fees not regulated. - 16-17-9. Rules of professional conduct formulated by bar--Professional fees not...
Section 16-17-10 - Bylaws, rules, and regulations binding on members of bar--Violation as ground for discipline. - 16-17-10. Bylaws, rules, and regulations binding on members of bar--Violation...
Section 16-17-11 - Membership lists furnished to clerks of court by State Bar. - 16-17-11. Membership lists furnished to clerks of court by State...
Appendix A - Appendix - 16-17-A. APPENDIX TO CHAPTER 16-17 THE STATE BAR OF SOUTH...
Chapter 17A - Assistance To Impaired Lawyers And Judges
Section 16-17A-1 - Definitions. - 16-17A-1. Definitions. Terms used in this chapter mean: (1)"Impaired," a...
Section 16-17A-2 - Immunity for assistance--Exclusions. - 16-17A-2. Immunity for assistance--Exclusions. A person is immune from liability...
Section 16-17A-3 - Immunity for reporting--Exclusions. - 16-17A-3. Immunity for reporting--Exclusions. A person is immune from liability...
Section 16-17A-4 - Confidential information--Source--Limited disclosure--Limited use. - 16-17A-4. Confidential information--Source--Limited disclosure--Limited use. The State Bar, the Supreme...
Chapter 18 - Powers And Duties Of Attorneys
Section 16-18-1 - License and bar membership required to practice law--Injunction to restrain violations. - 16-18-1. License and bar membership required to practice law--Injunction to...
Section 16-18-1.1 - Sexual harassment prevention training for attorneys. - 16-18-1.1. Sexual harassment prevention training for attorneys. Each active member...
Section 16-18-2 - Attorney licensing--Non-resident attorneys--"Pro hac vice" admission on motion--Requirements. - 16-18-2. Attorney licensing--Non-resident attorneys--"Pro hac vice" admission on motion--Requirements. A...
Section 16-18-2.1 - Legal assistance by law students--Purpose of provisions. - 16-18-2.1. Legal assistance by law students--Purpose of provisions. The bench...
Section 16-18-2.2 - Requirements for participation by law student. - 16-18-2.2. Requirements for participation by law student. In order to...
Section 16-18-2.3 - Certification of legal intern or extern by law school dean--Filing--Effective period--Withdrawal by dean or termination by Supreme Court. - 16-18-2.3. Certification of legal intern or extern by law school...
Section 16-18-2.4 - Consent and approval for appearance by legal intern or extern--Authority for appearance in civil and criminal matters. - 16-18-2.4. Consent and approval for appearance by legal intern or...
Section 16-18-2.5 - Appearance by legal intern or extern for state, county, or first or second class municipality. - 16-18-2.5. Appearance by legal intern or extern for state, county,...
Section 16-18-2.6 - Preparation of pleadings, briefs, and other documents by legal intern or extern. - 16-18-2.6. Preparation of pleadings, briefs, and other documents by legal...
Section 16-18-2.7 - Oral argument by legal intern or extern before Supreme Court. - 16-18-2.7. Oral argument by legal intern or extern before Supreme...
Section 16-18-2.8 - Notation of oral consent and approval of appearance by legal intern or extern--Filing of written consent. - 16-18-2.8. Notation of oral consent and approval of appearance by...
Section 16-18-2.9 - Qualifications of supervising lawyer--Professional responsibility. - 16-18-2.9. Qualifications of supervising lawyer--Professional responsibility. A supervising lawyer under...
Section 16-18-2.10 - Other rights not affected by provisions for legal assistance by legal interns or externs. - 16-18-2.10. Other rights not affected by provisions for legal assistance...
Section 16-18-5.1 - Temporary waiver of admission requirements for nonresident defense counsel where county is experiencing significant increase in criminal cases. - 16-18-5.1. Temporary waiver of admission requirements for nonresident defense counsel...
Section 16-18-6 - Contracts and powers of disbarred attorney void. - 16-18-6. Contracts and powers of disbarred attorney void. Any contract,...
Section 16-18-7 - Solicitation, acceptance of employment, or practice by disbarred or suspended attorney as misdemeanor. - 16-18-7. Solicitation, acceptance of employment, or practice by disbarred or...
Section 16-18-8 - Assistance to or acceptance of employment from disbarred or suspended attorney as misdemeanor. - 16-18-8. Assistance to or acceptance of employment from disbarred or...
Section 16-18-9 - Attorney's power to execute bonds and instruments for client. - 16-18-9. Attorney's power to execute bonds and instruments for client....
Section 16-18-10 - Attorney not to be surety--Violation as misdemeanor. - 16-18-10. Attorney not to be surety--Violation as misdemeanor. No practicing...
Section 16-18-11 - Attorney's power to bind client by agreements--Evidence of agreement. - 16-18-11. Attorney's power to bind client by agreements--Evidence of agreement....
Section 16-18-12 - Proof of authority required of attorney. - 16-18-12. Proof of authority required of attorney. The court may...
Section 16-18-13 - Attorney's duty to respect courts. - 16-18-13. Attorney's duty to respect courts. It is the duty...
Section 16-18-14 - Attorney's duty to respect reputation of parties and witnesses. - 16-18-14. Attorney's duty to respect reputation of parties and witnesses....
Section 16-18-15 - Attorney not to maintain unjustified actions or defenses--Criminal defense excepted. - 16-18-15. Attorney not to maintain unjustified actions or defenses--Criminal defense...
Section 16-18-16 - Attorney not to maintain action for improper motives. - 16-18-16. Attorney not to maintain action for improper motives. It...
Section 16-18-17 - Attorney's duty to represent the oppressed. - 16-18-17. Attorney's duty to represent the oppressed. It is the...
Section 16-18-18 - Attorney's duty to respect client's confidence. - 16-18-18. Attorney's duty to respect client's confidence. It is the...
Section 16-18-19 - Attorney's duty to use truthful means. - 16-18-19. Attorney's duty to use truthful means. It is the...
Section 16-18-20 - Attorney's power to receive money for client--Unauthorized discharge of claim prohibited. - 16-18-20. Attorney's power to receive money for client--Unauthorized discharge of...
Section 16-18-20.2 - Attorney licensing--Trust accounting records and procedures. - 16-18-20.2. Attorney licensing--Trust accounting records and procedures. The provisions of...
Section 16-18-21 - Attorney's lien on proceeds of action. - 16-18-21. Attorney's lien on proceeds of action. An attorney and...
Section 16-18-22 - Bond to release attorney's lien--Bill of particulars required of attorney. - 16-18-22. Bond to release attorney's lien--Bill of particulars required of...
Section 16-18-23 - Refusal by attorney to pay money to client as misdemeanor. - 16-18-23. Refusal by attorney to pay money to client as...
Section 16-18-24 - Lien as justification for withholding money from client. - 16-18-24. Lien as justification for withholding money from client. When...
Section 16-18-25 - Security given by attorney for payment to client. - 16-18-25. Security given by attorney for payment to client. An...
Section 16-18-26 - Misconduct by attorney as misdemeanor. - 16-18-26. Misconduct by attorney as misdemeanor. Every attorney at law...
Section 16-18-27 - Attorneys for public agencies may permit use of name or office. - 16-18-27. Attorneys for public agencies may permit use of name...
Section 16-18-28 - Liability of attorney for treble damages for misconduct. - 16-18-28. Liability of attorney for treble damages for misconduct. Any...
Section 16-18-29 - Acceptance of consideration from defendant by attorney for public agency as misdemeanor. - 16-18-29. Acceptance of consideration from defendant by attorney for public...
Section 16-18-31 - Withdrawal of attorney of record--When permitted. - 16-18-31. Withdrawal of attorney of record--When permitted. No attorney who...
Section 16-18-32 - Attorney authorized to remove files from offices of clerks of court--Electronic transmission of copies. - 16-18-32. Attorney authorized to remove files from offices of clerks...
Section 16-18-34 - Definition of legal assistant. - 16-18-34. Definition of legal assistant. Legal assistants (also known as...
Section 16-18-34.1 - Minimum qualifications. - 16-18-34.1. Minimum qualifications. Any person employed by a licensed attorney...
Section 16-18-34.2 - Utilization of legal assistants. - 16-18-34.2. Utilization of legal assistants. Utilization of legal assistants by...
Section 16-18-34.3 - Ethical considerations. - 16-18-34.3. Ethical considerations. The proper use of assistants who are...
Section 16-18-34.4 - Certain individuals disqualified. - 16-18-34.4. Certain individuals disqualified. The following persons shall not serve...
Section 16-18-34.5 - Application by disqualified persons--Requirements--Hearing--Burden of proof. - 16-18-34.5. Application by disqualified persons--Requirements--Hearing--Burden of proof. The application by...
Section 16-18-34.6 - Revocation of order for disqualified persons--Hearing--Burden of proof. - 16-18-34.6. Revocation of order for disqualified persons--Hearing--Burden of proof. The...
Section 16-18-34.7 - Recommendations in attorney disciplinary proceedings. - 16-18-34.7. Recommendations in attorney disciplinary proceedings. Any recommendation for disbarment...
Section 16-18-A - SOUTH DAKOTA RULES OF PROFESSIONAL CONDUCT - APPENDIX TO CHAPTER 16-18 SOUTH DAKOTA RULES OF PROFESSIONAL CONDUCT...
Chapter 19 - Discipline Of Attorneys
Section 16-19-20 - Inherent power of Supreme Court. - 16-19-20. Inherent power of Supreme Court. The Supreme Court declares...
Section 16-19-21 - Attorneys subject to discipline by Supreme Court and board. - 16-19-21. Attorneys subject to discipline by Supreme Court and board....
Section 16-19-22 - Supreme Court exclusive power to disbar or suspend attorney. - 16-19-22. Supreme Court exclusive power to disbar or suspend attorney....
Section 16-19-24 - Disciplinary board of State Bar--Appointment and terms of members--Vacancies. - 16-19-24. Disciplinary board of State Bar--Appointment and terms of members--Vacancies....
Section 16-19-25 - Chair and vice-chair of the board. - 16-19-25. Chair and vice-chair of the board. The President of...
Section 16-19-26 - Meetings of the board--Quorum--Vote required for action. - 16-19-26. Meetings of the board--Quorum--Vote required for action. The board...
Section 16-19-27 - Compensation of members of the board. - 16-19-27. Compensation of members of the board. Attorney members of...
Section 16-19-28 - Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership. - 16-19-28. Disqualification of board members in particular proceedings--Ad hoc appointments...
Section 16-19-29 - Powers and duties of disciplinary board generally. - 16-19-29. Powers and duties of disciplinary board generally. The board...
Section 16-19-30 - Complaints and testimony privileged--Board and staff immune from suit. - 16-19-30. Complaints and testimony privileged--Board and staff immune from suit....
Section 16-19-31 - License to practice law as trust--Duty to conform to standards. - 16-19-31. License to practice law as trust--Duty to conform to...
Section 16-19-32 - Violations by attorneys as grounds for discipline. - 16-19-32. Violations by attorneys as grounds for discipline. An act...
Section 16-19-33 - Specific grounds for discipline of attorneys. - 16-19-33. Specific grounds for discipline of attorneys. The following shall...
Section 16-19-34 - Deceit and collusion as grounds for disbarment--Treble damages. - 16-19-34. Deceit and collusion as grounds for disbarment--Treble damages. An...
Section 16-19-35 - Kinds of discipline authorized. - 16-19-35. Kinds of discipline authorized. Discipline for misconduct may be...
Section 16-19-35.1 - Petition by board for temporary suspension. - 16-19-35.1. Petition by board for temporary suspension. The board may...
Section 16-19-36 - Attorney's conviction of crime to be reported to disciplinary board. - 16-19-36. Attorney's conviction of crime to be reported to disciplinary...
Section 16-19-37 - Suspension from practice on conviction of serious crime--Setting aside order. - 16-19-37. Suspension from practice on conviction of serious crime--Setting aside...
Section 16-19-38 - Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected. - 16-19-38. Reinstatement of suspended attorney on reversal of conviction--Pending proceedings...
Section 16-19-39 - Reference for formal disciplinary proceedings on conviction of serious crime. - 16-19-39. Reference for formal disciplinary proceedings on conviction of serious...
Section 16-19-40 - Parties initiating investigations of attorney's conduct. - 16-19-40. Parties initiating investigations of attorney's conduct. An investigation of...
Section 16-19-41 - Reference for investigation and report in proceeding initiated by Supreme Court. - 16-19-41. Reference for investigation and report in proceeding initiated by...
Section 16-19-42 - Complaint and reference for investigation and report in proceeding initiated by attorney general. - 16-19-42. Complaint and reference for investigation and report in proceeding...
Section 16-19-43 - Investigation or reference for investigation and report in proceeding initiated by the board. - 16-19-43. Investigation or reference for investigation and report in proceeding...
Section 16-19-44 - Individual complaint filed with board or Supreme Court--Reference for investigation and report. - 16-19-44. Individual complaint filed with board or Supreme Court--Reference for...
Section 16-19-45 - Investigation by board on reference--Report and recommendation filed with Supreme Court. - 16-19-45. Investigation by board on reference--Report and recommendation filed with...
Section 16-19-46 - Proceedings not to be abated for failure to prosecute or settlement. - 16-19-46. Proceedings not to be abated for failure to prosecute...
Section 16-19-47 - Processing not to be deferred because of similarity to other pending litigation. - 16-19-47. Processing not to be deferred because of similarity to...
Section 16-19-48 - Transfer to medical inactive status for a medical condition. - 16-19-48. Transfer to medical inactive status for a medical condition....
Section 16-19-49 - Resumption of disciplinary proceedings when attorney no longer on medical inactive status. - 16-19-49. Resumption of disciplinary proceedings when attorney no longer on...
Section 16-19-50 - Accused attorney to be given opportunity to state position. - 16-19-50. Accused attorney to be given opportunity to state position....
Section 16-19-51 - Procedure required in investigations by board or attorney general. - 16-19-51. Procedure required in investigations by board or attorney general....
Section 16-19-52 - Notice to attorney of complaint and allegations. - 16-19-52. Notice to attorney of complaint and allegations. In an...
Section 16-19-53 - Methods of investigation to be used--Informal conference. - 16-19-53. Methods of investigation to be used--Informal conference. An investigation...
Section 16-19-54 - Attorney's duty to respond to board. - 16-19-54. Attorney's duty to respond to board. Every attorney shall...
Section 16-19-55 - Subpoena power of board and attorney general--Disobedience as contempt. - 16-19-55. Subpoena power of board and attorney general--Disobedience as contempt....
Section 16-19-58 - Certified judgment of conviction as evidence against attorney. - 16-19-58. Certified judgment of conviction as evidence against attorney. A...
Section 16-19-59 - Dismissal of complaint on finding not meritorious. - 16-19-59. Dismissal of complaint on finding not meritorious. If the...
Section 16-19-60 - Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance. - 16-19-60. Conditions imposed on attorney on finding of meritorious complaint--Dismissal...
Section 16-19-61 - Notice to attorney of report and proposal for private reprimand. - 16-19-61. Notice to attorney of report and proposal for private...
Section 16-19-62 - Response by attorney to proposal for private reprimand--Report and findings by board. - 16-19-62. Response by attorney to proposal for private reprimand--Report and...
Section 16-19-64 - Provisions governing formal disciplinary proceedings. - 16-19-64. Provisions governing formal disciplinary proceedings. Formal disciplinary proceedings shall...
Section 16-19-65 - Consent by attorney to disbarment--Contents of affidavit. - 16-19-65. Consent by attorney to disbarment--Contents of affidavit. An attorney...
Section 16-19-66 - Disbarment by consent--Public disclosure of order. - 16-19-66. Disbarment by consent--Public disclosure of order. Upon receipt of...
Section 16-19-67 - Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation. - 16-19-67. Findings of fact, conclusions of law, and recommendation of...
Section 16-19-68.1 - Attorney to appear before Supreme Court. - 16-19-68.1. Attorney to appear before Supreme Court. At any hearing...
Section 16-19-70.1 - Costs and expenses of disciplinary proceedings. - 16-19-70.1. Costs and expenses of disciplinary proceedings. (a) State Bar...
Section 16-19-70.2 - Allowable costs and expenses. - 16-19-70.2. Allowable costs and expenses. Expenses incurred by the board,...
Section 16-19-70.3 - Proof of costs and expenses required. - 16-19-70.3. Proof of costs and expenses required. An assessment for...
Section 16-19-70.4 - Judgment for costs against attorney. - 16-19-70.4. Judgment for costs against attorney. When judgment is rendered...
Section 16-19-71 - Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct. - 16-19-71. Advice to Supreme Court of discipline in another jurisdiction--Copy...
Section 16-19-72 - Notice to attorney of disciplinary order from other jurisdiction. - 16-19-72. Notice to attorney of disciplinary order from other jurisdiction....
Section 16-19-74 - Imposition of identical reciprocal discipline--Grounds for other disposition. - 16-19-74. Imposition of identical reciprocal discipline--Grounds for other disposition. The...
Section 16-19-75 - Newspaper publication of suspension or disbarment. - 16-19-75. Newspaper publication of suspension or disbarment. The clerk of...
Section 16-19-76 - Notice to courts of suspension or disbarment--Order for protection of clients. - 16-19-76. Notice to courts of suspension or disbarment--Order for protection...
Section 16-19-77 - Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business. - 16-19-77. Effective date of suspension or disbarment--New matters not to...
Section 16-19-78 - Notice to office clients of disbarment or suspension. - 16-19-78. Notice to office clients of disbarment or suspension. A...
Section 16-19-79 - Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw. - 16-19-79. Notice to opposing counsel and clients involved in litigation...
Section 16-19-80 - Affidavit of compliance filed by disbarred or suspended attorney. - 16-19-80. Affidavit of compliance filed by disbarred or suspended attorney....
Section 16-19-81 - Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement. - 16-19-81. Record of compliance maintained by disbarred or suspended attorney--Condition...
Section 16-19-82 - Noncompliance by attorney as contempt. - 16-19-82. Noncompliance by attorney as contempt. The failure of an...
Section 16-19-83 - Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement. - 16-19-83. Reinstatement order required before resumption of practice--Time of application--Waiting...
Section 16-19-84 - Petition and hearing on reinstatement--Advance cost deposit--Burden of proof. - 16-19-84. Petition and hearing on reinstatement--Advance cost deposit--Burden of proof....
Section 16-19-85 - Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner. - 16-19-85. Participation by board counsel in hearing on reinstatement--Appearance by...
Section 16-19-86 - Board findings and recommendation on reinstatement--Placement on Supreme Court calendar. - 16-19-86. Board findings and recommendation on reinstatement--Placement on Supreme Court...
Section 16-19-87 - Dismissal of petition or order of reinstatement--Conditions imposed on petitioner. - 16-19-87. Dismissal of petition or order of reinstatement--Conditions imposed on...
Section 16-19-88 - Transfer to medical inactive status of attorney subject to certain judicial determinations or orders. - 16-19-88. Transfer to medical inactive status of attorney subject to...
Section 16-19-89 - Petition by board for determination of attorney's competency to practice law--Directions for investigation. - 16-19-89. Petition by board for determination of attorney's competency to...
Section 16-19-90 - Notice to attorney of medical inactive status proceedings--Representation of attorney. - 16-19-90. Notice to attorney of medical inactive status proceedings--Representation of...
Section 16-19-91 - Burden of proof in medical inactive status and reinstatement proceedings. - 16-19-91. Burden of proof in medical inactive status and reinstatement...
Section 16-19-92 - Order transferring attorney to medical inactive status--Pending disciplinary proceedings. - 16-19-92. Order transferring attorney to medical inactive status--Pending disciplinary proceedings....
Section 16-19-93 - Reinstatement order required before attorney on medical inactive status resumes practice. - 16-19-93. Reinstatement order required before attorney on medical inactive status...
Section 16-19-94 - Petition for reinstatement by attorney on medical inactive status. - 16-19-94. Petition for reinstatement by attorney on medical inactive status....
Section 16-19-95 - Reinstatement of attorney to active status. - 16-19-95. Reinstatement of attorney to active status. Where an attorney...
Section 16-19-96 - Waiver of physician-patient privilege by petition for reinstatement of disabled attorney--Disclosure of names by petitioner. - 16-19-96. Waiver of physician-patient privilege by petition for reinstatement of...
Section 16-19-97 - Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law. - 16-19-97. Examination of petitioner for reinstatement--Expense of examination--Additional proof of...
Section 16-19-98 - Order of reinstatement to active status from medical inactive status. - 16-19-98. Order of reinstatement to active status from medical inactive...
Section 16-19-99 - Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions. - 16-19-99. Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions. All proceedings involving allegations...
Section 16-19-100 - Retention of files and records of disbarred, suspended, or reinstated attorney. - 16-19-100. Retention of files and records of disbarred, suspended, or...
Appendix A - Rules of Procedure of the Disciplinary Board of the State Bar of South Dakota. - 1. Each complaint received by the board secretary that is...
Chapter 20 - Expanded Media Coverage Of Trial Court Proceedings
Section 16-20-1 - Definitions. - 16-20-1. Definitions. As used in these rules, the following terms...
Section 16-20-2 - General. - 16-20-2. General. (a) Expanded media coverage or audio media coverage...
Section 16-20-3 - Conditions. - 16-20-3. Conditions. (a) There shall be no audio or video...
Section 16-20-4 - Media coordinator. - 16-20-4. Media coordinator. The court and all interested members of...
Section 16-20-5 - Standards. - 16-20-5. Standards. Media representatives providing expanded media coverage or audio...
Section 16-20-6 - Hearing. - 16-20-6. Hearing. Before limiting, suspending, or terminating expanded media coverage...
Section 16-20-7 - Appellate review. - 16-20-7. Appellate review. Appellate review of a judge's order to...
Chapter 21 - Electronic Document Management System--Official Court Record
Section 16-21-1 - Definitions. - 16-21-1. Definitions. (a) "Electronic Document Management System" ("EDMS") means a...
Section 16-21-2 - Electronic document management system policy. - 16-21-2. Electronic Document Management System Policy. The State Court Administrator,...
Section 16-21-3 - EDMS conversion. - 16-21-3. EDMS conversion. For those counties with EDMS capabilities, the...
Section 16-21-4 - Official record. - 16-21-4. Official record. (1)Whenever available, the official court record shall...
Section 16-21-5 - Signatures of judges and court officials. - 16-21-5. Signatures of judges and court officials. The requirement that...
Section 16-21-6 - Confidential information. - 16-21-6. Confidential information. The confidentiality of an electronic record, or...
Section 16-21-7 - Certification and authentication of court record. - 16-21-7. Certification and authentication of court record. A court document...
Section 16-21-8 - Public access. - 16-21-8. Public access. Public access to the electronic documents filed...
Section 16-21-9 - Electronic transmission. - 16-21-9. Electronic transmission. To the extent reasonably practicable, a clerk...
Chapter 21A - Circuit Court Electronic Filing Rules
Section 16-21A-1 - Definitions. - 16-21A-1. Definitions. (1) "Registered user" means an attorney or party...
Section 16-21A-2 - Electronic filing. - 16-21A-2. Electronic filing. (1) Documents filed electronically in the circuit...
Section 16-21A-3 - Filing formats. - 16-21A-3.Filing formats. Approved formats for documents filed electronically are WordPerfect...
Section 16-21A-4 - Time of filing. - 16-21A-4.Time of filing. (1) A document in compliance with the...
Section 16-21A-5 - Confidentiality--Sealed documents. - 16-21A-5. Confidentiality--Sealed documents. (1) A party electronically filing a document...
Section 16-21A-6 - Retention. - 16-21A-6. Retention. A registered attorney electronically filing or serving a...
Section 16-21A-7 - Electronic service. - 16-21A-7. Electronic service. (1) A party who files a document...
Section 16-21A-8 - Original documents. - 16-21A-8. Original documents. An original document submitted for filing in...
Section 16-21A-9 - Technical issues--Relief. - 16-21A-9. Technical issues--Relief. On a showing of good cause, the...
Section 16-21A-10 - Scope. - 16-21A-10. Scope. Unless specifically provided otherwise in this rule or...
Appendix A - Appendix - APPENDIX TO CHAPTER 16-21A DOCUMENT RETURN REQUEST FORM Source: SL...
Chapter 22 - Public Safety Improvement Programs
Section 16-22-1 - Definitions. - 16-22-1. Definitions. Terms used in chapters 1-15, 1-54, 16-14, 16-22,...
Section 16-22-2 - Drug court advisory council. - 16-22-2. Drug court advisory council. The Chief Justice shall establish...
Section 16-22-3 - Drug court defined. - 16-22-3. Drug court defined. For the purposes of this chapter,...
Section 16-22-4 - Drug court program. - 16-22-4. Drug court program. The Supreme Court may establish a...
Section 16-22-5 - Promulgation of drug court rules. - 16-22-5. Promulgation of drug court rules. The Supreme Court shall...
Section 16-22-5.1 - Key components for drug courts. - 16-22-5.1. Key components for drug courts. South Dakota drug courts...
Section 16-22-5.2 - Standards and guidelines in accordance with key components. - 16-22-5.2. Standards and guidelines in accordance with key components. The...
Section 16-22-5.3 - Standards in accordance with best practices publication. - 16-22-5.3. Standards in accordance with best practices publication. The State...
Section 16-22-6 - Admissibility of drug court participant's statements and reports in legal proceedings. - 16-22-6. Admissibility of drug court participant's statements and reports in...
Section 16-22-6.1 - Drug court sanctions. - 16-22-6.1. Drug court sanctions. For any person admitted to a...
Section 16-22-7 - Semiannual drug court performance report. - 16-22-7. Semiannual drug court performance report. The Unified Judicial System...
Section 16-22-8 - HOPE probation programs. - 16-22-8. HOPE probation programs. The Supreme Court is authorized to...
Section 16-22-8.1 - Assignment of magistrate judge to preside over HOPE probation program. - 16-22-8.1. Assignment of magistrate judge to preside over HOPE probation...
Section 16-22-9 - Promulgation of HOPE probation program rules. - 16-22-9. Promulgation of HOPE probation program rules. The Supreme Court...
Section 16-22-10 - Evaluation of program impact on public safety. - 16-22-10. Evaluation of program impact on public safety. Each program...
Section 16-22-11 - Promulgation of rules governing evidence-based felony probation supervision practices. - 16-22-11. Promulgation of rules governing evidence-based felony probation supervision practices....
Section 16-22-12 - Report of probation practices and training implementation. - 16-22-12. Report of probation practices and training implementation. The Unified...
Section 16-22-13 - Promulgation of rules regarding graduated sanctions program. - 16-22-13. Promulgation of rules regarding graduated sanctions program. The Supreme...
Section 16-22-14 - Report of graduated sanctions. - 16-22-14. Report of graduated sanctions. The State Court Administrator's Office...
Section 16-22-15 - Evidence-based practices training. - 16-22-15. Evidence-based practices training. Any person who exercises supervision over...
Section 16-22-16 - Case history and risk and needs assessment of probationer. - 16-22-16. Case history and risk and needs assessment of probationer....
Section 16-22-17 - Promulgation of rules regarding earned discharge credits. - 16-22-17. Promulgation of rules regarding earned discharge credits. The Supreme...
Section 16-22-18 - Award of earned discharge credits. - 16-22-18. Award of earned discharge credits. The State Court Administrator's...
Section 16-22-19 - Eligibility for earned discharge. - 16-22-19. Eligibility for earned discharge. Each offender placed on felony...