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South Dakota statute

SDCL § 23A-2-12 — (Rule 4(d)(4)) Return of warrant or summons to committing magistrate--Cancellation or delivery to another of unexecuted process

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 2: Complaint, Warrant And Summons, South Dakota Codified Laws.

Full text of SDCL § 23A-2-12

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-2-12Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
The law enforcement officer executing a warrant shall make return thereof to the committing magistrate before whom the defendant is brought pursuant to § 23A-4-1. At the request of the prosecuting attorney any unexecuted warrant may be returned to the committing magistrate who issued it and may be cancelled by him. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the committing magistrate to whom the summons is returnable. At the request of the prosecuting attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved, or a duplicate thereof, may be delivered by the committing magistrate to an authorized person for execution or service.

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This reference is informational and is not legal advice.