reglab/housing_qa huggingface dataset:
SD Codified L § 33-10-124 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-124 - Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter.

33-10-124. Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter.Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking of the oath or affirmation, the manner of recording the oath or affirmation, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in rule or as provided by law. If such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty. Source: SL 2012, ch 175, §105.
SD Codified L § 33-10-125 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-125 - Oath of witness.

33-10-125. Oath of witness.Each witness before a court-martial shall be examined under oath or affirmation. Source: SL 2012, ch 175, §106.
SD Codified L § 33-10-126 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-126 - Statute of limitations.

33-10-126. Statute of limitations.Except as otherwise provided in §§33-10-127 to 33-10-131, inclusive, a person charged with any offense is not liable to be tried by court-martial or punished pursuant to §§33-10-50 to 33-10-60, inclusive, if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment pursuant to §§33-10-50 to 33-10-60, inclusive. Source: SL 2012, ch 175, §107.
SD Codified L § 33-10-127 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-127 - Unauthorized absence excluded in computing limitation period.

33-10-127. Unauthorized absence excluded in computing limitation period.Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in §33-10-126. Source: SL 2012, ch 175, §108.
SD Codified L § 33-10-128 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-128 - Absence from territory excluded in computing limitation period.

33-10-128. Absence from territory excluded in computing limitation period.Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in §33-10-126. Source: SL 2012, ch 175, §109.
SD Codified L § 33-10-129 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-129 - Limitation period during wartime.

33-10-129. Limitation period during wartime.If the United States is at war, the running of any statute of limitations applicable to any offense under this code:(1)Involving fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not;(2)Committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States or any state; or(3)Committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or government agency;is suspended until two years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress. Source: SL 2012, ch 175, §110.
SD Codified L § 33-10-130 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-130 - Statute of limitations for new charges and specifications following dismissal for defect or insufficiency.

33-10-130. Statute of limitations for new charges and specifications following dismissal for defect or insufficiency.If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:(1)Has expired; or(2)Will expire within one hundred eighty days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in §33-10-131 are met. Source: SL 2012, ch 175, §111.
SD Codified L § 33-10-131 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-131 - Conditions for new charges and specifications.

33-10-131. Conditions for new charges and specifications.The conditions referred to in §33-10-130 are that the new charges and specifications shall:(1)Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty days after the dismissal of the charges or specifications; and(2)Allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications). Source: SL 2012, ch 175, §112.
SD Codified L § 33-10-132 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-132 - Former jeopardy.

33-10-132. Former jeopardy.No person may, without the person's consent, be tried a second time for the same offense. Source: SL 2012, ch 175, §113.
SD Codified L § 33-10-133 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-133 - Jeopardy where accused found guilty.

33-10-133. Jeopardy where accused found guilty.No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of §33-10-132 until the finding of guilty has become final after review of the case has been fully completed. Source: SL 2012, ch 175, §114.
SD Codified L § 33-10-134 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-134 - Jeopardy where accused not found guilty.

33-10-134. Jeopardy where accused not found guilty.A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of §33-10-132. Source: SL 2012, ch 175, §115.
SD Codified L § 33-10-135 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-135 - Not guilty plea.

33-10-135. Not guilty plea.If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of the plea's meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty. Source: SL 2012, ch 175, §116.
SD Codified L § 33-10-136 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-136 - Finding upon guilty plea--Withdrawal of guilty plea.

33-10-136. Finding upon guilty plea--Withdrawal of guilty plea.With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty. Source: SL 2012, ch 175, §117.
SD Codified L § 33-10-137 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-137 - Opportunity to obtain witnesses and other evidence.

33-10-137. Opportunity to obtain witnesses and other evidence.The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by rule and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, but which may not be contrary to or inconsistent with this code. Process shall run to any part of the United States, or the territories, commonwealths, and possessions, and may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States. Source: SL 2012, ch 175, §118.
SD Codified L § 33-10-138 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-138 - Refusal to appear or testify.

33-10-138. Refusal to appear or testify.Any person not subject to this code who:(1)Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court; and(2)Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;may be punished by the military court in the same manner as a criminal court of the state. Source: SL 2012, ch 175, §119.
SD Codified L § 33-10-139 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-139 - Witness fees.

33-10-139. Witness fees.The fees and mileage of witnesses shall be paid out of the appropriations for the compensation of witnesses. Source: SL 2012, ch 175, §120.
SD Codified L § 33-10-140 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-140 - Contempt.

33-10-140. Contempt.A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder.A person subject to this code may be punished for contempt by confinement not to exceed thirty days or a fine of one hundred dollars, or both.A person not subject to this code may be punished for contempt by a military court in the same manner as a criminal court of the state. Source: SL 2012, ch 175, §121.
SD Codified L § 33-10-141 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-141 - Oral and written depositions.

33-10-141. Oral and written depositions.At any time after charges have been signed as provided in §33-10-95, any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. Source: SL 2012, ch 175, §122.
SD Codified L § 33-10-142 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-142 - Notice of deposition.

33-10-142. Notice of deposition.The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. Source: SL 2012, ch 175, §123.
SD Codified L § 33-10-143 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-143 - Officers before whom deposition taken.

33-10-143. Officers before whom deposition taken.A deposition may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths. Source: SL 2012, ch 175, §124.
SD Codified L § 33-10-144 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-144 - Admissibility of deposition.

33-10-144. Admissibility of deposition.A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if it appears:(1)That the witness resides or is beyond the state in which the court is ordered to sit, or beyond one hundred miles from the place of trial or hearing;(2)That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, non amenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or(3)That the present whereabouts of the witness is unknown. Source: SL 2012, ch 175, §125.
SD Codified L § 33-10-145 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-145 - Admissibility of records of courts of inquiry.

33-10-145. Admissibility of records of courts of inquiry.In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.Such testimony may also be read in evidence before a court of inquiry. Source: SL 2012, ch 175, §126.
SD Codified L § 33-10-146 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-146 - Defense of lack of mental responsibility.

33-10-146. Defense of lack of mental responsibility.It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense. Source: SL 2012, ch 175, §127.
SD Codified L § 33-10-147 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-147 - Burden of proof of lack of mental responsibility.

33-10-147. Burden of proof of lack of mental responsibility.The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. Source: SL 2012, ch 175, §128.
SD Codified L § 33-10-148 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-148 - Findings by court-martial members when lack of mental responsibility at issue.

33-10-148. Findings by court-martial members when lack of mental responsibility at issue.If the lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:(1)Guilty;(2)Not guilty; or(3)Not guilty only by reason of lack of mental responsibility. Source: SL 2012, ch 175, §129.
SD Codified L § 33-10-149 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-149 - Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.

33-10-149. Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.Section 33-10-148 does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, if the lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:(1)Guilty;(2)Not guilty; or(3)Not guilty only by reason of lack of mental responsibility. Source: SL 2012, ch 175, §130.
SD Codified L § 33-10-150 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-150 - Conditions for finding of not guilty by reason of lack of mental responsibility.

33-10-150. Conditions for finding of not guilty by reason of lack of mental responsibility.Notwithstanding the provisions of §33-10-155, the accused shall be found not guilty only by reason of lack of mental responsibility if:(1)A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or(2)In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established. Source: SL 2012, ch 175, §131.
SD Codified L § 33-10-151 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-151 - Voting by secret written ballot.

33-10-151. Voting by secret written ballot.Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Source: SL 2012, ch 175, §132.
SD Codified L § 33-10-152 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-152 - Rulings upon questions of law and interlocutory questions.

33-10-152. Rulings upon questions of law and interlocutory questions.The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects to the ruling, the court shall be cleared and closed and the question decided by a voice vote as provided in §33-10-155, beginning with the junior in rank. Source: SL 2012, ch 175, §133.
SD Codified L § 33-10-153 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-153 - Instructions.

33-10-153. Instructions.Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them that:(1)The accused shall be presumed to be innocent until the accused's guilt is established by legal and competent evidence beyond reasonable doubt;(2)In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused and the accused shall be acquitted;(3)If there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt; and(4)The burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state. Source: SL 2012, ch 175, §134.
SD Codified L § 33-10-154 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-154 - Findings and rulings by court-martial composed of military judge only.

33-10-154. Findings and rulings by court-martial composed of military judge only.Sections 33-10-151 to §33-10-153, inclusive, do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition, on request, find the facts specially. If an opinion or memorandum of decision is filed, it shall be sufficient if the findings of fact appear in the opinion or memorandum. Source: SL 2012, ch 175, §135.
SD Codified L § 33-10-155 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-155 - Number of votes required.

33-10-155. Number of votes required.No person may be convicted of an offense except as provided in §33-10-136 or by the concurrence of two-thirds of the members present at the time the vote is taken.All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused. Source: SL 2012, ch 175, §136.
SD Codified L § 33-10-156 (2021)
2021 South Dakota Codified Laws|Title 33 - Military Affairs|Chapter 10 - Uniform State Code Of Military Justice|Section 33-10-156 - Court to announce action.

33-10-156. Court to announce action.A court-martial shall announce its findings and sentence to the parties as soon as determined. Source: SL 2012, ch 175, §137.