§ 23a-4-5

23A-4-5. Transfer to magistrate judge or circuit court for preliminary hearing.Either the defendant or the prosecuting attorney may, at any time prior to the commencement of a preliminary hearing before a lay magistrate, make a motion that the proceedings be transferred to a magistrate judge or to the circuit court. Upon such a motion the lay magistrate shall transmit a certified statement of all proceedings and papers connected with the action to the magistrate judge or the circuit court. Thereafter the action shall proceed as if it had been commenced therein before the magistrate judge or a circuit court judge. A preliminary hearing is commenced at the time the first witness is sworn. Source: SL 1966, ch 118; SL 1976, ch 163, §1; SDCL Supp, §23-27-11; SL 1978, ch 178, §40; SL 1989, ch 205.