§ 23A-2-1 Complaint as statement of offense–Signature under oath–Traffic ticket issued by lawenforcement officer
§ 23A-2-2 (Rule 4(a)) Warrant or summons issued on complaint–Sworn oral testimony–Failureof defendant to respond to summons
§ 23A-2-3 (Rule 4(b)) Evidence furnishing probable cause for warrant or summons
§ 23A-2-4 (Rule 4(c)(1)) Contents and signature of arrest warrant–Endorsement as to bail
§ 23A-2-5 Copies of warrant sent to law enforcement officers
§ 23A-2-5.1 Facsimile transmission of complaint or indictment–Issue of arrest warrant–Proof ofmagistrate’s signature
§ 23A-2-6 (Rule 4(c)(2)) Contents and signature of summons
§ 23A-2-7 (Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer
§ 23A-2-8 (Rule 4(d)(2)) Place of service of warrant or summons–Restriction when forviolation of local ordinance or bylaw
§ 23A-2-9 (Rule 4(d)(3)) Warrant executed by arrest–Advice to defendant as to warrant–Manner of service of summons
§ 23A-2-10 Time of execution of warrant
§ 23A-2-11 Service of summons on corporate defendant
§ 23A-2-12 (Rule 4(d)(4)) Return of warrant or summons to committing magistrate–Cancellationor delivery to another of unexecuted process
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 2 - Complaint, Warrant and Summons

  • 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.
  • 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.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2