Applicability of chapter.

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19-19-1101. Applicability of chapter.

Except as otherwise provided in this section, this chapter applies to all actions and proceedings in the courts of this state. This chapter other than those sections with respect to privileges does not apply in the following situations:

(1)The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under subdivision 19-19-104(a).

(2)Small claims court proceedings.

(3)Proceedings for extradition or rendition.

(4)Sentencing, or granting or revoking probation.

(5)Issuance of warrants for arrest, criminal summonses, and search warrants.

(6)Proceedings with respect to release on bail or otherwise.

(7)Disposition hearings, temporary custody hearings and other hearings other than adjudicatory hearings in juvenile court.

(8)Contempt proceedings in which the court may act summarily.

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 1101); SDCL §19-9-14; SL 2016, ch 245 (Supreme Court Rule 16-06), eff. July 1, 2016.


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