{"data":{"id":"us-sd/sdcl-23a-6-26","jurisdiction":"us-sd","citation":"SDCL § 23A-6-26","heading":"(Rule 9(a)) Warrant or summons on indictment--Delivery for execution--Warrant on defendant's failure to respond to summons.","body":"Upon request of a prosecuting attorney, a circuit court judge, in the case of a felony, and a magistrate judge, in the case of a misdemeanor or at the direction of the presiding judge of the circuit in the case of a felony, may issue a warrant for each defendant named in an indictment. A circuit court judge, or magistrate judge in an appropriate case, may issue a summons instead of a warrant upon the request of a prosecuting attorney. Upon like request or direction a court may issue more than one warrant or summons for the same defendant. The warrant or summons shall be delivered to a law enforcement officer or other person authorized by law to execute or serve it. If a defendant fails to appear in response to a summons, a warrant shall be issued.\nSource: SDC 1939 \u0026 Supp 1960, § 34.1235; SDCL, § 23-31-9; SL 1978, ch 178, § 85; SL 1999, ch 121, § 2.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-6. INDICTMENT AND INFORMATION"],"source_url":"https://sdlegislature.gov/Statutes/23A-6-26","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"768dc3714f075f38bc227116edd89ee5a0f2c344a1582aade34d0e0035b0b6b4","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-6-25","next":"us-sd/sdcl-23a-6-27"},"notice":"GroundRules: Original legal text. Not legal advice."}