South Dakota Codified Laws 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
Terms Used In South Dakota Codified Laws 23-1A-13
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Summons: Another word for subpoena used by the criminal justice system.
(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, § 11.