South Dakota Codified Laws 16-12C-9. Jurisdiction–Committal–Conditions
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A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate if voluntary and knowledgeable waiver of preliminary hearing has been given before the court. The magistrate court may conduct preliminary hearings as a committing magistrate unless demand is made by the defendant prior to such hearing to have the hearing conducted before a magistrate judge or a circuit judge to be assigned by the presiding judge.
Terms Used In South Dakota Codified Laws 16-12C-9
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Source: SL 2003, ch 117, § 36.