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S.D. Const. art. V, § 5

Jurisdiction of courts

activein force · 2026-09-24 – presentas-observed

The Supreme Court shall have such appellate jurisdiction as may be provided by the Legislature, and the Supreme Court or any justice thereof may issue any original or remedial writ which shall then be heard and determined by that court. The Governor has authority to require opinions of the Supreme Court upon important questions of law involved in the exercise of his executive power and upon solemn occasions.

The circuit courts have original jurisdiction in all cases except as to any limited original jurisdiction granted to other courts by the Legislature. The circuit courts and judges thereof have the power to issue, hear and determine all original and remedial writs. The circuit courts have such appellate jurisdiction as may be provided by law.

Imposition or execution of a sentence may be suspended by the court empowered to impose the sentence unless otherwise provided by law.

History

1889 Const., art. V, §§ 2, 3, 13, 14; § 39 as proposed by SL 1929, ch 83, approved Nov., 1930; amendment proposed by SL 1972, ch 2, approved Nov. 7, 1972; amendment proposed by SL 2023, ch 2, § 5, rejected Nov. 5, 2024.

Provenance

Source
sdlegislature.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
f19631fb1d6c7bffc7852aaf2b94c366be5c5fc3862cd849f980b0a3685023bc
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S.D. Const. art. V, § 5 — Jurisdiction of courts · binding.law