South Dakota § 35-10-12 - Application by officer for judicial determination as to beverages--Notice of time and place of hearing.
Full text of South Dakota South Dakota Codified Laws § 35-10-12 — Application by officer for judicial determination as to beverages--Notice of time and place of hearing., with citation guidance and answers to common questions.
§ 35-10-12. Application by officer for judicial determination as to beverages--Notice of time and place of hearing.
If there is no dismissal of prosecution or no judgment of conviction of illegal use or possession of alcoholic beverages, any officer seizing the beverages may apply to the court that issued the search warrant under which the beverages were seized, or if the beverages were not seized under a search warrant, to any court of record for the county where the beverages were seized, for an order determining whether the beverages were, in fact, possessed or used in violation of the provisions of this title. The court shall thereupon make an order fixing a time and place for hearing and providing for reasonable notice of the hearing to the person from whom the beverages were seized and to any probable claimant of the beverages. If the person or claimant is unknown, the notice may be by posting or publication as the court directs.
Source: SDC 1939, § 5.0122; SL 2008, ch 37, § 197.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 35-10-12
What does South Dakota Codified Laws § 35-10-12 cover?
Section 35-10-12 ("Application by officer for judicial determination as to beverages--Notice of time and place of hearing.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 35-10-12?
A common citation format is "South Dakota Codified Laws § 35-10-12" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 35-10-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.