§ 23A-45-1 Criminal proceedings defined
§ 23A-45-2 (Rule 54(a)) Proceedings to which title applies
§ 23A-45-7 (Rule 54(b)(5)) Proceedings to which title not applicable
§ 23A-45-8 Conflicts between title and other portions of code
§ 23A-45-9 Definition of terms
§ 23A-45-10 (Rule 55) Records kept as prescribed by Supreme Court
§ 23A-45-11 (Rule 56) Circuit court always open–Hours when clerk’s office open
§ 23A-45-12 (Rule 57(a)) Circuit court rules adopted by presiding judge–Consistent withtitle–Copies furnished to Supreme Court and code counsel–Publication ofrules
§ 23A-45-13 (Rule 57(b)) Procedure not specifically prescribed by statute or rule
§ 23A-45-14 (Rule 58) Forms drawn up by attorney general–Publication by codecommission–Not mandatory
§ 23A-45-15 (Rule 60) Citation of title–Citation of Rules of Criminal Procedure
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 45 - Definitions and General Provisions

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Chambers: A judge's office.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Statute: A law passed by a legislature.