In all criminal actions, upon conviction of the defendant, the court may adjudge that the defendant pay the whole or any part of the costs of that particular prosecution in addition to the liquidated costs provided by § 23-3-52. However, the costs shall not include items of governmental expense such as juror‘s fees, bailiff‘s fees, salaries and expenses of special agents, and reporter‘s per diem. Payment of costs may be enforced as a civil judgment against the defendant.

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Terms Used In South Dakota Codified Laws 23A-27-26

  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Juror: A person who is on the jury.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

Source: SDC 1939, § 34.3709; SL 1943, ch 129; SDCL, § 23-48-31; SL 1978, ch 178, § 368; SL 1982, ch 186, § 3.