12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court shall have exclusive original trial jurisdiction over prosecutions of all offenses defined by law or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal courts; (2) Any such prosecution which also involves a felony offense which is within the exclusive jurisdiction of the circuit court, except as the district court is empowered to hold preliminary hearings with respect to felonies and to receive guilty pleas as provided in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined by law as felonies not punishable by sentence of death. (2) The district court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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15-11-2
Section 15-11-2 Jurisdiction of district court; prosecution not barred by finding of no probable cause. The district court shall exercise exclusive jurisdiction to hold preliminary hearings in prosecutions for felonies. A preliminary hearing determination by the district court finding no probable cause shall not be res judicata with respect to the issue of probable cause, and the state shall not be barred from proceeding further. (Acts 1975, No. 1205, §4-106.)...
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15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced and pending in district or municipal court. (a) The original jurisdiction of the circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution for a misdemeanor has been first commenced and is still pending in a district court or a municipal court, the prosecution in the circuit court shall be abated on plea. (b) The plea provided for in subsection (a) of this section must state that the prosecution in the district court or the municipal court was commenced without the agency, request, participation, connivance or authority of the defendant and must be sworn to. Each and every averment of the plea may be traversed and denied; and if, on the trial of the issue, it appears that such prosecution was commenced by the agency, request, participation, connivance or authority of the defendant, then the jury must be instructed, if it finds either of these...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000), exclusive of interest and costs, and shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs,...
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12-12-51
Section 12-12-51 District court jurisdiction of misdemeanor prosecutions for traffic infractions. The district court shall have exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions, except ordinance infractions prosecuted in municipal courts. (Acts 1975, No. 1205, p. 2384, §4-106.)...
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12-12-31
Section 12-12-31 Small claims actions; attorney representation; when; attorney fees; prosecution of assigned claims; license required. (a) The district court shall exercise exclusive jurisdiction over all civil actions in which the matter in controversy, exclusive of interest and costs, does not exceed six thousand dollars ($6,000). These actions shall be placed on a small claims docket by each district court and shall be processed according to uniform rules of simplified civil procedure as may be promulgated by the Supreme Court. (b) A party, including an individual, partnership, or corporation, may appear in cases on the small claims docket of district court with or without representation by an attorney. If a partnership appears without representation by an attorney, the person representing the partnership shall be a partner or employee of the partnership and if a corporation appears without representation by an attorney, the person representing the corporation shall be an officer or...
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12-17-226.2
A person charged with any of the following offenses may apply for the pretrial diversion program: (1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the district attorney may determine that a person charged with a misdemeanor offense or violation is ineligible to apply for the program if it is in the best interest of the victim, the offender, the community, or justice. (5) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution....
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and assistant district attorney, within the circuit, county, or other territory for which he or she is elected or appointed: (1) To attend on the grand juries, advise them in relation to matters of law, and examine and swear witnesses before them. (2) To draw up all indictments and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in the circuit court in the prosecution or defense of which the state is interested. (4) To inquire whether registers have performed the duty required of them by Section 12-17-117 and shall, in every case of failure, move against the register as provided by subsection (b) of Section 12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county, or division of a county to a court of the United States, to appear in that court and represent the state; and, if it is impracticable, consistent with his or her...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and information acquired or generated in juvenile courts concerning children shall be confidential and shall not be released to any person, department, agency, or entity, except as provided elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions, notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but not limited to: a. Records of juvenile probation officers. b. Records of the Department of Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric or psychological records. f. Reports of preliminary inquiries and predisposition studies. g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education records, including, but not limited to, individualized education plans. k. Detention records. l. Demographic information that identifies a child or the family of a...
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