South Dakota Codified Laws
Title 21 - Judicial Remedies
Chapter 27 - Habeas Corpus

Section 21-27-1 - Right of person detained or imprisoned to apply for writ. - 21-27-1. Right of person detained or imprisoned to apply for...

Section 21-27-1.1 - Penal institution disciplinary sanctions--Writ not available remedy. - 21-27-1.1. Penal institution disciplinary sanctions--Writ not available remedy. A writ...

Section 21-27-2 - Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ. - 21-27-2. Inquiry into delay in bringing criminal prosecution to trial--Powers...

Section 21-27-3 - Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications. - 21-27-3. Contents of application for writ--Documentary authority for commitment attached--Identification...

Section 21-27-3.1 - Time for application. - 21-27-3.1. Time for application. Proceedings under this chapter cannot be...

Section 21-27-3.3 - Two-year statute of limitation. - 21-27-3.3. Two-year statute of limitation. A two-year statute of limitation...

Section 21-27-4 - Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel. - 21-27-4. Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel....

Section 21-27-5 - Writ awarded unless application shows no right to relief. - 21-27-5. Writ awarded unless application shows no right to relief....

Section 21-27-5.1 - Second or subsequent application for writ--Leave to file--Dismissal. - 21-27-5.1. Second or subsequent application for writ--Leave to file--Dismissal. A...

Section 21-27-6 - Forfeiture by judge for refusal or delay in issuing writ--Liability for damages unimpaired. - 21-27-6. Forfeiture by judge for refusal or delay in issuing...

Section 21-27-7 - Writ used to produce prisoners for testimony in criminal proceedings. - 21-27-7. Writ used to produce prisoners for testimony in criminal...

Section 21-27-8 - Signature and direction of writ--Endorsement by Habeas Corpus Act. - 21-27-8. Signature and direction of writ--Endorsement by Habeas Corpus Act....

Section 21-27-9.1 - Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served. - 21-27-9.1. Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served. The writ of...

Section 21-27-9.2 - Production of applicant--Payment of expenses--Applicant in state hospital or penitentiary. - 21-27-9.2. Production of applicant--Payment of expenses--Applicant in state hospital or...

Section 21-27-9.3 - Return to writ--Time for filing--Content. - 21-27-9.3. Return to writ--Time for filing--Content. The state's attorney of...

Section 21-27-10 - Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected. - 21-27-10. Contempt and forfeiture by sheriff or jailer for failure...

Section 21-27-11 - Transfer or concealment of applicant to avoid writ as felony. - 21-27-11. Transfer or concealment of applicant to avoid writ as...

Section 21-27-12 - Day set for hearing of cause. - 21-27-12. Day set for hearing of cause. Upon the return...

Section 21-27-13 - Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return. - 21-27-13. Denials and new allegations in applicant's answer to return...

Section 21-27-14 - Hearing and disposition of cause by judge. - 21-27-14. Hearing and disposition of cause by judge. The court...

Section 21-27-14.1 - Judge to hear application. - 21-27-14.1. Judge to hear application. The application shall be heard...

Section 21-27-15 - Judgment not inquired into on writ. - 21-27-15. Judgment not inquired into on writ. No court or...

Section 21-27-16 - Causes for discharge of applicant committed on judicial process. - 21-27-16. Causes for discharge of applicant committed on judicial process....

Section 21-27-17 - New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail. - 21-27-17. New commitment in criminal case to remedy defects in...

Section 21-27-18 - Admission to bail of applicant in custody under judicial process. - 21-27-18. Admission to bail of applicant in custody under judicial...

Section 21-27-18.1 - Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal. - 21-27-18.1. Review by Supreme Court--Certificate of probable cause required--Motion for...

Section 21-27-19 - Admission to bail on grant of writ. - 21-27-19. Admission to bail on grant of writ. When the...

Section 21-27-20 - Supreme Court order required for admission to bail pending application for writ or pending appellate review. - 21-27-20. Supreme Court order required for admission to bail pending...

Section 21-27-21 - Remand to custody or admission to bail pending review of order discharging writ. - 21-27-21. Remand to custody or admission to bail pending review...

Section 21-27-22 - Bail without surety pending review of order discharging prisoner. - 21-27-22. Bail without surety pending review of order discharging prisoner....

Section 21-27-23 - Admission to bail by Supreme Court pending review. - 21-27-23. Admission to bail by Supreme Court pending review. Where...

Section 21-27-24 - Terms of bond given on admission to bail--Surety. - 21-27-24. Terms of bond given on admission to bail--Surety. When...

Section 21-27-25 - Order for temporary custody of person not held under judicial process--Security required of person granted custody. - 21-27-25. Order for temporary custody of person not held under...

Section 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ. - 21-27-26. Order remanding applicant to custody--Conclusive on second application for...

Section 21-27-27 - Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody. - 21-27-27. Discharge on second writ unlawful where crime charged--Admission to...

Section 21-27-28 - Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment. - 21-27-28. Second imprisonment on same cause prohibited after discharge on...

Section 21-27-29 - Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected. - 21-27-29. Forfeiture for new arrest or detention after discharge on...