§ 16-12C-1 Appointment of clerk, deputy clerk as clerk magistrate–Valid in any circuit
§ 16-12C-2 Educational qualifications of clerk magistrate
§ 16-12C-2.1 Certification of clerk magistrate-Notice of termination
§ 16-12C-3 Attendance at institute prerequisite to taking office–Exception
§ 16-12C-4 Establishment and schedule of clerk magistrate’s institutes–Court may requireattendance
§ 16-12C-5 Authority to solemnize marriages–Fees
§ 16-12C-6 Authority to administer oaths, etc
§ 16-12C-7 Jurisdiction to issue summonses, warrants
§ 16-12C-8 Right to counsel in magistrate court
§ 16-12C-9 Jurisdiction–Committal–Conditions
§ 16-12C-10 Jurisdiction–Bonds and personal recognizance
§ 16-12C-11 Jurisdiction–Petty offenses–Acceptance of pleas–Sentencing–Overweight vehiclepenalties
§ 16-12C-12 Jurisdiction–Forfeiture of appearance bonds
§ 16-12C-13 Jurisdiction–Noncontested proceedings with limited damage amount
§ 16-12C-14 Record of proceedings before clerk magistrate–Stenographic record–Costs–Appeal
§ 16-12C-15 Right of appeal to circuit court

Terms Used In South Dakota Codified Laws > Title 16 > Chapter 12C - Clerk Magistrates

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Statute: A law passed by a legislature.