South Dakota Pretrial Order

State:
Multi-State
Control #:
US-03361BG
Format:
Word; 
Rich Text
Instant download

Description

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.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local court rules should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The program allows a defendant to avoid a criminal conviction on their record by completing a specific set of requirements. Upon successful completion of the program requirements, the defendant's charges will be dismissed.

After an initial hearing, the discovery process takes place. This is the time before the pre-trial when the defendant and prosecution trade information about their cases.

A Pretrial Conference is an opportunity for your attorney to discuss your case with the prosecutor. Some Pretrial Conferences will result in the case being resolved by a plea agreement or pretrial diversion.

What happens if I successfully complete the Pretrial Diversion program? The charges will be dismissed if you successfully complete the Pretrial Diversion program. A criminal background check will show that you were charged with the offense and that it was dismissed.

Generally speaking, a pre-trial conference is a court hearing where a prosecutor and a defense attorney get together and discuss whether a case is going to go to trial or whether it can be resolved through a plea agreement. Pre-trial conferences often take place in the weeks after a defendant is arraigned.

Indictment or Preliminary Hearing: Only in felony cases (and Class 1 misdemeanors in South Dakota), these hearings are held before a grand jury (indictment) or judge (preliminary hearing) to determine if there is "probable cause" that a crime was committed by the defendant.

Pre-Trial Steps. An individual charged with a crime doesn't head to trial right away, but they will stand in front of a judge at an initial hearing to give a preliminary plea and usually to ask for bail in order to be released from jail.

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.

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South Dakota Pretrial Order