reglab/housing_qa huggingface dataset:
SD Codified L § 23A-12-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-6 - (Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used.

23A-12-6.(Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used.At a trial or any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:(1)That a witness is dead;(2)That the witness is out of the state, unless it appears that the absence of the witness was procured by the party offering the deposition;(3)That the witness is unable to attend or testify because of sickness or infirmity; or(4)That the witness is confined in jail or prison outside the state.When a deposition has once been taken, it may be read in any stage of the same action and on any trial thereof. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered, and any party may offer other parts. Source: SDC 1939 & Supp 1960, §§34.2606, 34.2704; SDCL, §§23-41-13, 23-41-20; SL 1978, ch 178, §136.
SD Codified L § 23A-12-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-7 - (Rule 15(f)) Time of objecting to testimony in deposition--Objections to receiving in evidence.

23A-12-7.(Rule 15(f)) Time of objecting to testimony in deposition--Objections to receiving in evidence.Objections to deposition testimony or evidence or parts thereof and the grounds for the objection shall be stated at the time of the taking of the deposition. Objections to receiving in evidence a deposition or part thereof may be made on the basis that the conditions of §23A-12-6 are no longer applicable. Source: SL 1978, ch 178, §137.
SD Codified L § 23A-12-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-8 - (Rule 15(g)) Agreement of parties as to taking or use of deposition.

23A-12-8.(Rule 15(g)) Agreement of parties as to taking or use of deposition.Nothing in this chapter shall preclude the taking of a deposition, for use at trial, orally or upon written questions, or the use of a deposition, by agreement of the parties with the consent of the court. Source: SL 1978, ch 178, §138.
SD Codified L § 23A-12-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-9 - Videotape of young sex crime victim's testimony at preliminary hearing or deposition--Use at trial.

23A-12-9. Videotape of young sex crime victim's testimony at preliminary hearing or deposition--Use at trial.If a defendant has been charged with a violation of subdivision 22-22-1(1), (5), or (6) or §22-22-7, where the victim is less than sixteen years of age, the prosecuting attorney or defense attorney may apply for an order that the victim's testimony at the preliminary hearing or at a deposition, in addition to being stenographically recorded, be recorded and preserved on videotape. The scope and manner of the examination and cross-examination shall be such as would be allowed at the trial. Notice of any such deposition pursuant to this section shall conform in all respects to the notice requirements contained in §23A-12-2.The application for the order shall be in writing and made at least three days before the preliminary hearing or deposition.Upon timely receipt of the application, the court may order that the testimony of the victim given at the preliminary hearing or deposition be taken and preserved on videotape. The videotape shall be transmitted to the clerk of the court in which the action is pending.If at the time of trial the court finds that the victim is otherwise unavailable within the meaning of subdivision 19-19-804(a), or that such testimony would in the opinion of the court be substantially detrimental to the well-being of the victim, the court may admit the videotape of the victim's testimony at the preliminary hearing or deposition as former testimony under subdivision 19-19-804(b)(1). Source: SL 1983, ch 184, §1; SL 1985, ch 195; SL 1986, ch 191, §1; SL 2008, ch 118, §2.
SD Codified L § 23A-12-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 12 - (Rule 15) Depositions|Section 23A-12-10 - Hearing to videotape testimony as to additional evidence.

23A-12-10. Hearing to videotape testimony as to additional evidence.Upon timely receipt of a notice that additional evidence has been newly discovered and for good cause shown, the court may order an additional hearing to videotape the victim's testimony relevant to the newly discovered evidence. Source: SL 1983, ch 184, §2.
SD Codified L § 23A-13-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-1 - (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants.

23A-13-1.(Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants.Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph:(1)Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody, or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney;(2)The substance of any oral statement, which the prosecuting attorney intends to offer in evidence at the trial, made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be an employee of a law enforcement agency; and(3)Notwithstanding §23A-5-16, recorded testimony of the defendant before a grand jury which relates to the offense charged.Where the defendant is a corporation, partnership, association, or labor union, the court may grant the defendant, upon its motion, discovery of relevant recorded testimony of any witness before a grand jury who was, at the time of his testimony, so situated as an officer or employee as to have been able legally to bind the defendant in respect to conduct constituting the offense, or who was at the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been able legally to bind the defendant in respect to that alleged conduct in which he was involved. Source: SL 1978, ch 178, §140.
SD Codified L § 23A-13-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-2 - (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.

23A-13-2.(Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.Upon written request of the defendant, the prosecuting attorney shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the prosecuting attorney, and the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney. Source: SL 1978, ch 178, §142.
SD Codified L § 23A-13-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-3 - (Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence.

23A-13-3.(Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence.Upon written request of the defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the prosecuting attorney and which are material to the preparation of his defense or intended for use by the prosecuting attorney as evidence in chief at the trial, or were obtained from or belong to the defendant. Source: SL 1978, ch 178, §143.
SD Codified L § 23A-13-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-4 - (Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests.

23A-13-4.(Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests.Upon written request of a defendant, the prosecuting attorney shall permit a defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the prosecuting attorney, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney, and which are material to the preparation of the defense or are intended for use by a prosecuting attorney as evidence in chief at the trial. Source: SL 1978, ch 178, §144.
SD Codified L § 23A-13-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-5 - Work product protected from discovery by defendant.

23A-13-5. Work product protected from discovery by defendant.Except as provided in §§23A-13-1, 23A-13-2, and 23A-13-4, this chapter does not authorize the discovery or inspection of reports, memoranda, or other internal prosecution documents made by the prosecuting attorney or other employees of law enforcement agencies in connection with the investigation or prosecution of the case, or of statements made by the prosecution witnesses or prospective prosecution witnesses except as provided in §§23A-13-7 to 23A-13-10, inclusive. Source: SL 1978, ch 178, §145.
SD Codified L § 23A-13-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-6 - Statement by witness not discoverable until testimony in preliminary hearing or trial.

23A-13-6. Statement by witness not discoverable until testimony in preliminary hearing or trial.In any criminal prosecution, no statement in the possession of the prosecuting attorney, which was made by a prosecution witness or prospective prosecution witness (other than the defendant), shall be the subject of subpoena, discovery, or inspection until such witness has testified on direct examination in the preliminary hearing or in the trial of the case. Source: SL 1978, ch 178, §146; SL 1979, ch 159, §10A.
SD Codified L § 23A-13-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-7 - Prior statements of prosecution witnesses subject to discovery after direct examination.

23A-13-7. Prior statements of prosecution witnesses subject to discovery after direct examination.After a witness called by the prosecuting attorney has testified on direct examination, the court shall, on motion of the defendant, order the prosecuting attorney to produce any statement, as defined in §23A-13-10, of the witness in the possession of the prosecuting attorney which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use. Source: SL 1978, ch 178, §147.
SD Codified L § 23A-13-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-8 - Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant.

23A-13-8. Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant.If the prosecuting attorney claims that any statement ordered to be produced under §§23A-13-6 to 23A-13-10, inclusive, contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the prosecuting attorney to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the prosecuting attorney and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his preparation for its use in the trial. Source: SL 1978, ch 178, §148.
SD Codified L § 23A-13-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-9 - Testimony stricken when prosecution elects not to produce prior statement--Mistrial.

23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial.If the prosecuting attorney elects not to comply with an order of the court under §§23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared. Source: SL 1978, ch 178, §148-A.
SD Codified L § 23A-13-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-10 - Kinds of prior statements subject to discovery by defendant.

23A-13-10. Kinds of prior statements subject to discovery by defendant.The term "statement" as used in §§23A-13-7 to 23A-13-9, inclusive, in relation to any witness called by the prosecuting attorney, means:(1)A written statement made by such witness and signed or otherwise adopted or approved by him;(2)A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by such witness and recorded contemporaneously with the making of such oral statement;(3)A statement, however taken or recorded, or a transcription thereof, if any, made by such witness to a grand jury;(4)A summary of an oral declaration made by someone other than the witness that has been reduced to writing, except for a summary written by a prosecuting attorney. Source: SL 1978, ch 178, §148-B; SL 1979, ch 159, §10B; SL 2018, ch 290 (Supreme Court Rule 17-11), eff. Sept. 1, 2017.
SD Codified L § 23A-13-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-11 - (Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.

23A-13-11.(Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.Except as provided in chapter 23A-5, §23A-13-1, and subdivision 23A-13-10(3), this title does not relate to discovery or inspection of the recorded proceedings of a grand jury. Source: SL 1978, ch 178, §149.
SD Codified L § 23A-13-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-12 - (Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution.

23A-13-12.(Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution.If the defendant requests disclosure under §23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief at the trial. Source: SL 1978, ch 178, §151.
SD Codified L § 23A-13-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-13 - Results of examinations and scientific tests discoverable by prosecution.

23A-13-13. Results of examinations and scientific tests discoverable by prosecution.If the defendant requests disclosure under §23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to his testimony. Source: SL 1978, ch 178, §152.
SD Codified L § 23A-13-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-14 - (Rule 16(b)(2)) Defense work product protected from discovery.

23A-13-14.(Rule 16(b)(2)) Defense work product protected from discovery.Except as to scientific or medical reports, §23A-13-12 or 23A-13-13 does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by prosecution or defense witnesses, or by prospective prosecution or defense witnesses, to the defendant, his agents or attorneys. Source: SL 1978, ch 178, §153.
SD Codified L § 23A-13-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-15 - (Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery.

23A-13-15.(Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery.If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under §§23A-13-1 to 23A-13-14, inclusive, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material. Source: SL 1978, ch 178, §162.
SD Codified L § 23A-13-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-16 - (Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record.

23A-13-16.(Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record.Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. Source: SL 1978, ch 178, §173.
SD Codified L § 23A-13-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-17 - (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.

23A-13-17.(Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.If, at any time during the course of a proceeding, it is brought to the attention of a court that a party has failed to comply with an applicable discovery provision, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery and inspection and may prescribe such terms and conditions as are just. Source: SL 1978, ch 178, §174.
SD Codified L § 23A-13-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 13 - (Rule 16) Discovery|Section 23A-13-18 - (Rule 16(e)) Discovery of alibi witnesses.

23A-13-18.(Rule 16(e)) Discovery of alibi witnesses.Discovery of alibi witnesses is governed by chapter 23A-9. Source: SL 1978, ch 178, §176.
SD Codified L § 23A-14-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses|Section 23A-14-2 - Attorneys' subpoena for witnesses within state.

23A-14-2. Attorneys' subpoena for witnesses within state.A prosecuting attorney may issue subpoenas, subscribed by him, for witnesses within the state, in support of a prosecution, or for such witnesses as a grand jury may direct. An attorney for a defendant may issue subpoenas subscribed by him for witnesses the defendant may require. Source: SDC 1939 & Supp 1960, §34.2401; SDCL, §23-40-3; SL 1978, ch 178, §178.
SD Codified L § 23A-14-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses|Section 23A-14-3 - (Rule 17(b)) Subpoenas for indigent defendant--Payment of costs.

23A-14-3.(Rule 17(b)) Subpoenas for indigent defendant--Payment of costs.If a defendant has received court appointed counsel pursuant to chapter 23A-40, the court shall order at any time that a subpoena be issued upon the application of the defendant to the court. The defendant must state that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed by the process shall be paid in the same manner in which similar costs and fees are paid in the case of a witness subpoenaed in behalf of the state. Such motion may be made ex parte. Source: SL 1978, ch 178, §179.