South Dakota Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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US-03357BG
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Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.

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FAQ

In general, a status hearing is simply a date for the judge to check in with the prosecutor, criminal defense attorney and the criminal defendant on how the case is going and whether it will be resolved without trial.

You must appear in court at an arraignment for felony charges. After the judge reads your charges, they will ask you for your plea. You can plead guilty, not guilty, or no contest.

Status hearing ? A hearing in which the judge assesses the progress of the case or addresses problems the parties are having. Statute ? A statute is a formal written law. Federal statutes are found in the United Stated Code. South Dakota statutes are found in South Dakota Codified Laws.

See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

A preliminary hearing is scheduled for all felony charges. The purpose of a preliminary is to ensure that the State has at least enough evidence, whether that evidence is tangible, circumstantial, or testimonial, that if found to be true could lead to a finding of guilt.

Arraignment or Initial Appearance: Charges are read and an initial plea is entered (not guilty you plan to hire a lawyer).

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South Dakota Matters that Should be Included in Pretrial Conference Order or Pretrial Order