South Dakota § 23A-16-5 Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit judge orders in chambers.

South Dakota Statutes

§ 23A-16-5 — Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit judge orders in chambers.

South Dakota § 23A-16-5

Title 23ACRIMINAL PROCEDURE

Ch. 23A-16JURISDICTION AND VENUE OF OFFENSES AND PROCEEDINGS

This text of South Dakota § 23A-16-5 (Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit judge orders in chambers.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-16-5 (2026).

Text

All actions, special proceedings, motions, and applications of a criminal nature, arising under the laws of this state of which a circuit court has jurisdiction may be heard and determined at any place in the judicial circuit in which is situated the county where the same is brought or pending; but issues of fact in any criminal action must be tried in the county in which the same is brought or to which the place of trial is changed by order of court. Neither this section nor § 23A-45-11 shall prevent the judge of any circuit court from making an order in chambers at any place within the state in any criminal matter properly before him.

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All actions, special proceedings, motions, and applications of a criminal nature, arising under the laws of this state of which a circuit court has jurisdiction may be heard and determined at any place in the judicial circuit in which is situated the county where the same is brought or pending; but issues of fact in any criminal action must be tried in the county in which the same is brought or to which the place of trial is changed by order of court. Neither this section nor § 23A-45-11 shall prevent the judge of any circuit court from making an order in chambers at any place within the state in any criminal matter properly before him.

Legislative History

SL 1887, ch 81, § 1; CL 1887, § 4828; RCCivP 1903, § 33; RC 1919, § 4654; SDC 1939 & Supp 1960, § 34.0401; SDCL, §§ 23-9-2, 23-9-3; SL 1978, ch 178, § 207.