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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-2-5.1: Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature.

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Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-2. COMPLAINT, WARRANT AND SUMMONS

A committing magistrate may, by means of facsimile transmission, receive a complaint or indictment in request of the issuance of an arrest warrant and may issue an arrest warrant by the same method. All applicable procedural and statutory requirements for the issuance of an arrest warrant shall be met. For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original. The original documents shall be filed with the court within five working business days.

The officer executing the arrest warrant shall receive proof that the committing magistrate has signed the warrant before the warrant is executed. Proof that the committing magistrate has signed the warrant may consist of receipt of the facsimile of the arrest warrant.

Source: SL 1991, ch 451 (Supreme Court Rule 91-17).

Collected 2026-09-03T15:18:56Z. Source file · JSON

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