§ 23A-4-1 Arrested person taken before magistrate–Complaint filed on arrest without warrant
§ 23A-4-2 (Rule 5(b)) Procedure on minor offenses cognizable by magistrate court
§ 23A-4-3 (Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminaryhearing–Charges requiring preliminary hearing–Waiver or scheduling of hearing–Extension of t
§ 23A-4-4 Advice to defendant and admission to bail when initial appearance before anothermagistrate–Initial appearance without warrant–Transmittal of files to appropriatecourt
§ 23A-4-5 Transfer to magistrate judge or circuit court for preliminary hearing
§ 23A-4-6 (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing–Evidence received
§ 23A-4-7 (Rule 5.1(b)) Discharge and dismissal in absence of probable cause–Subsequentprosecution on same offense

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 4 - Preliminary Proceedings Before Magistrate

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.