§ 21-31-1 Power to grant writ–Purposes for which used
§ 21-31-2 Application for writ on affidavit–Notice to adverse party–Order to show cause
§ 21-31-3 Agency or person to whom writ directed
§ 21-31-4 Direction to certify record–Stay of proceedings
§ 21-31-5 Omission of stay of proceedings discretionary with court
§ 21-31-6 Service of writ
§ 21-31-7 Further return if return of writ defective–Hearing and judgment by court
§ 21-31-8 Scope of review on writ
§ 21-31-9 Judgment roll
§ 21-31-10 Transmittal of judgment to inferior court or agency

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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 31 - Certiorari

  • 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.
  • 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.
  • 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
  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.