reglab/housing_qa huggingface dataset:
SD Codified L § 33-10-94 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-94 - Immunity of court members.

33-10-94. Immunity of court members.No action may be maintained against any member of a military court on account of the imposition of a fine or penalty, or for the execution of a sentence on any person, if the person has been returned as delinquent and duly summoned before the court, or has appeared before the court to answer the charge made against the person. Source: SL 2012, ch 175, §75.
SD Codified L § 33-10-95 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-95 - Charges and specifications.

33-10-95. Charges and specifications.Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by §33-10-298 or 33-10-299, to administer oaths and shall state:(1)That the signer has personal knowledge of, or has investigated, the matters set forth therein; and(2)That they are true in fact to the best of the signer's knowledge and belief.Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable. Source: SL 2012, ch 175, §76.
SD Codified L § 33-10-96 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-96 - Compulsory self-incrimination prohibited.

33-10-96. Compulsory self-incrimination prohibited.No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate the person. Source: SL 2012, ch 175, §77.
SD Codified L § 33-10-97 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-97 - Advice of right to remain silent.

33-10-97. Advice of right to remain silent.No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial. Source: SL 2012, ch 175, §78.
SD Codified L § 33-10-98 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-98 - Compulsory self-degradation prohibited.

33-10-98. Compulsory self-degradation prohibited.No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person. Source: SL 2012, ch 175, §79.
SD Codified L § 33-10-99 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-99 - Exclusion of evidence.

33-10-99. Exclusion of evidence.No statement obtained from any person in violation of §§33-10-96 to 33-10-98, inclusive, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial. Source: SL 2012, ch 175, §80.
SD Codified L § 33-10-100 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-100 - Investigation of charges.

33-10-100. Investigation of charges.No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline. Source: SL 2012, ch 175, §81.
SD Codified L § 33-10-101 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-101 - Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony.

33-10-101. Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony.The accused shall be advised of the charges against the accused and of the right to be represented at that investigation by counsel. The accused has the right to be represented at that investigation as provided in §§33-10-113 to 33-10-115, inclusive, and in any rule prescribed pursuant to that section. At that investigation, full opportunity shall be given to the accused to cross-examine any witness against the accused, if the witness is available, and to present anything the accused may desire in the accused's own behalf, either in defense or mitigation, and the investigating officer shall examine any available witness requested by the accused. If any charge is forwarded after the investigation, the charge shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused. Source: SL 2012, ch 175, §82.
SD Codified L § 33-10-102 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-102 - Demand for further investigation.

33-10-102. Demand for further investigation.If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in §33-10-101, no further investigation of that charge is necessary unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall any witness for further cross-examination and to offer any new evidence in the accused's own behalf. Source: SL 2012, ch 175, §83.
SD Codified L § 33-10-103 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-103 - Investigation of uncharged offenses.

33-10-103. Investigation of uncharged offenses.If evidence adduced in an investigation indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:(1)Present at the investigation;(2)Informed of the nature of each uncharged offense investigated; and(3)Afforded the opportunities for representation, cross-examination, and presentation prescribed in §33-10-101. Source: SL 2012, ch 175, §84.
SD Codified L § 33-10-104 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-104 - Nonjurisdictional error.

33-10-104. Nonjurisdictional error.The requirements of §§33-10-100 to 33-10-103, inclusive, are binding on all persons administering this code but failure to follow them does not constitute jurisdictional error. Source: SL 2012, ch 175, §85.
SD Codified L § 33-10-105 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-105 - Forwarding of charges.

33-10-105. Forwarding of charges.If a person is held for trial by general court-martial, the commanding officer shall within fifteen days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that person the reasons for delay. Source: SL 2012, ch 175, §86.
SD Codified L § 33-10-106 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-106 - Advice of judge advocate regarding charge.

33-10-106. Advice of judge advocate regarding charge.Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:(1)The specification alleges an offense under this code;(2)The specification is warranted by the evidence indicated in the report of investigation pursuant to §§33-10-100 to 33-10-104, inclusive, if there is such a report; and(3)A court-martial would have jurisdiction over the accused and the offense. Source: SL 2012, ch 175, §87.
SD Codified L § 33-10-107 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-107 - Contents of judge advocate's statement--Reference for trial.

33-10-107. Contents of judge advocate's statement--Reference for trial.The advice of the judge advocate pursuant to §33-10-106 with respect to a specification under a charge shall include a written and signed statement by the judge advocate:(1)Expressing conclusions with respect to each matter set forth in §33-10-106; and(2)Recommending action that the convening authority take regarding the specification.If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification. Source: SL 2012, ch 175, §88.
SD Codified L § 33-10-108 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-108 - Correction of charges or specifications.

33-10-108. Correction of charges or specifications.If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal correction, and such changes in the charges and specifications as are needed to make them conform to the evidence may be made. Source: SL 2012, ch 175, §89.
SD Codified L § 33-10-109 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-109 - Service of charges.

33-10-109. Service of charges.The trial counsel shall serve or caused to be served upon the accused a copy of the charges. No person may, against the person's objection, be brought to trial before a general court-martial case within a period of five days after the service of charges upon the accused, or in a special court-martial, within a period of three days after the service of charges upon the accused. Source: SL 2012, ch 175, §90.
SD Codified L § 33-10-110 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-110 - Promulgation of procedural rules by Governor or adjutant general.

33-10-110. Promulgation of procedural rules by Governor or adjutant general.Pretrial, trial, and post-trial procedures, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may be prescribed by the Governor or the adjutant general by rules promulgated pursuant to chapter 1-26, or as otherwise provided by law, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this code. Source: SL 2012, ch 175, §91.
SD Codified L § 33-10-111 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-111 - Unlawfully influencing action of court.

33-10-111. Unlawfully influencing action of court.No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts. The foregoing provisions of the section do not apply with respect to:(1)General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or(2)Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel. Source: SL 2012, ch 175, §92.
SD Codified L § 33-10-112 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-112 - Report of performance as court-martial member, witness, or counsel prohibited.

33-10-112. Report of performance as court-martial member, witness, or counsel prohibited.In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code may, in preparing any such report:(1)Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness in a court-martial; or(2)Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial. Source: SL 2012, ch 175, §93.
SD Codified L § 33-10-113 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-113 - Qualifications of trial counsel--Preparation of record.

33-10-113. Qualifications of trial counsel--Preparation of record.The trial counsel of a general or special court-martial shall be a member in good standing of a state or federal bar and shall prosecute in the name of the State of South Dakota, and shall, under the direction of the court, prepare the record of the proceedings. Source: SL 2012, ch 175, §94.
SD Codified L § 33-10-114 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-114 - Qualifications of defense counsel--Rights of accused.

33-10-114. Qualifications of defense counsel--Rights of accused.Qualifications of the defense counsel or the accused rights are as follows:(1)The accused has the right to be represented in defense before a general or special court-martial or at an investigation pursuant to §§33-10-100 to 33-10-104, inclusive, as provided in this section;(2)The accused may be represented by civilian counsel at the provision and expense of the accused;(3)The accused may be represented:(a)By military counsel detailed by §§33-10-82 to 33-10-85, inclusive; or(b)By military counsel of the accused's own selection if that counsel is reasonably available as determined pursuant to subdivision (7) of this section;(4)If the accused is represented by civilian counsel, military counsel detailed or selected pursuant to subdivision (3) of this section shall act as associate counsel unless excused at the request of the accused;(5)Except as provided pursuant to subdivision (6) of this section, if the accused is represented by military counsel of the accused's own selection pursuant to subsection (3)(b) of this section, any military counsel detailed pursuant to subsection (3)(a) of this section shall be excused;(6)No accused may be represented by more than one military counsel. However, the person authorized pursuant to §§33-10-82 to 33-10-85, inclusive, to detail counsel, in that person's sole discretion:(a)May detail additional military counsel as assistant defense counsel; and(b)If the accused is represented by military counsel of the accused's own selection pursuant to subsection (3)(b) of this section, may approve a request from the accused that military counsel detailed pursuant to subsection (3)(a) of this section act as associate defense counsel; and(7)The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available. Source: SL 2012, ch 175, §95.
SD Codified L § 33-10-115 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-115 - Duties of defense counsel in court-martial proceeding resulting in conviction.

33-10-115. Duties of defense counsel in court-martial proceeding resulting in conviction.In any court-martial proceeding resulting in a conviction, the defense counsel may:(1)Forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate;(2)Assist the accused in the submission of any matter under §§33-10-181 to 33-10-192, inclusive; and(3)Take other action authorized by this code. Source: SL 2012, ch 175, §96.
SD Codified L § 33-10-116 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-116 - Sessions without presence of court-martial members--Record.

33-10-116. Sessions without presence of court-martial members--Record.At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to §33-10-109, call the court into session without the presence of the members for the purpose of:(1)Hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;(2)Hearing and ruling upon any matter that may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;(3)Holding the arraignment and receiving the pleas of the accused; and(4)Performing any other procedural function that does not require the presence of the members of the court under this code.These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of court members and without regard to §33-10-91. Source: SL 2012, ch 175, §97.
SD Codified L § 33-10-117 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-117 - Presence of accused, counsel, and military judge at proceedings--Exception.

33-10-117. Presence of accused, counsel, and military judge at proceedings--Exception.When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge. Source: SL 2012, ch 175, §98.
SD Codified L § 33-10-118 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-118 - Continuances.

33-10-118. Continuances.The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. Source: SL 2012, ch 175, §99.
SD Codified L § 33-10-119 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-119 - Challenges for cause.

33-10-119. Challenges for cause.The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or the court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time. Any challenge by the trial counsel shall ordinarily be presented and decided before any challenge by the accused is offered. Source: SL 2012, ch 175, §100.
SD Codified L § 33-10-120 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-120 - Procedure when court members reduced below minimum by challenge for cause.

33-10-120. Procedure when court members reduced below minimum by challenge for cause.If exercise of a challenge for cause reduces the court below the minimum number of members required by §33-10-61, all parties shall, notwithstanding the provisions of §§33-10-87 to 33-10-90, inclusive, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, no peremptory challenges may be exercised at that time. Source: SL 2012, ch 175, §101.
SD Codified L § 33-10-121 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-121 - Peremptory challenges.

33-10-121. Peremptory challenges.Each accused and the trial counsel are entitled initially to three peremptory challenges of members of the court; and such additional peremptory challenges as the military judge may grant for good cause. No military judge may be challenged except for cause. Source: SL 2012, ch 175, §102.
SD Codified L § 33-10-122 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-122 - Procedure when court members reduced below minimum by peremptory challenge.

33-10-122. Procedure when court members reduced below minimum by peremptory challenge.If exercise of a peremptory challenge reduces the court below the minimum number of members required by §33-10-61, the parties shall, notwithstanding the provisions of §§33-10-87 to 33-10-90, inclusive, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court. Source: SL 2012, ch 175, §103.
SD Codified L § 33-10-123 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-123 - Challenges after additional members are detailed.

33-10-123. Challenges after additional members are detailed.If any additional members are detailed to the court, and after any challenge for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to three peremptory challenges of members of the court; and such additional peremptory challenges as the military judge may grant for good cause against members not previously subject to peremptory challenge. Source: SL 2012, ch 175, §104.