reglab/housing_qa huggingface dataset:
SD Codified L § 23A-20-28.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 20 - (Rule 24) The Trial Jury|Section 23A-20-28.1 - Additional methods of choosing alternate jurors.

23A-20-28.1. Additional methods of choosing alternate jurors.In addition to the method of choosing or seating an alternate juror provided by §§23A-20-27 and 23A-20-28, the judge may choose the alternate jurors by lot, or by such other means as the parties agree on the record. Source: Supreme Court Rule 1997-38.
SD Codified L § 23A-20-29 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 20 - (Rule 24) The Trial Jury|Section 23A-20-29 - Grounds for excuse of juror during trial.

23A-20-29. Grounds for excuse of juror during trial.If, before the jury retires, a juror or alternate or a member of his immediate family dies, or if he or a member of his immediate family becomes ill, or upon other good cause shown to the court, the court may order him discharged. Source: SDC 1939 & Supp 1960, §34.3607; SL 1963, ch 227; SDCL, §23-43-24; SL 1978, ch 178, §260; SL 1979, ch 159, §50.
SD Codified L § 23A-20-30 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 20 - (Rule 24) The Trial Jury|Section 23A-20-30 - Degree of kindred--Direct and collateral line--Descending and ascending direct line--Degrees in collateral line.

23A-20-30. Degree of kindred--Direct and collateral line--Descending and ascending direct line--Degrees in collateral line.The degree of kindred is established by the number of generations, and each generation is called a degree. The series of degrees form the line; the series of degrees between persons who descend from one another is called direct or lineal consanguinity; and the series of degrees between persons who do not descend from one another, but spring from a common ancestor, is called the collateral line or collateral consanguinity.The direct line is divided into a direct line descending and a direct line ascending. The first is that which connects the ancestor with those who descend from that ancestor. The second is that which connects a person with those from whom that person descends. In the direct line there are as many degrees as there are generations. Thus the son is, with regard to the father, in the first degree; the grandson in the second; and vice versa with regard to the father and grandfather toward the sons and grandsons.In the collateral line the degrees are counted by generations from one of the relations up to the common ancestor, and from the common ancestor to the other relations. In such computation the person whose consanguinity or affinity is being determined is excluded, the relative included, and the ancestor counted but once. Thus brothers are related in the second degree, uncle and nephew in the third degree, cousins germane in the fourth degree, and so on. Source: SL 1998, ch 148, §3.
SD Codified L § 23A-21-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 21 - (Rule 25) Disability Or Disqualification Of Judge|Section 23A-21-1 - Disqualification as in civil actions.

23A-21-1. Disqualification as in civil actions.A judge or magistrate may be disqualified in the manner specified in chapter 15-12. Source: SL 1943, ch 131; SDC Supp 1960, §34.1404-1; SDCL, §23-27-10; SL 1978, ch 178, §276.
SD Codified L § 23A-21-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 21 - (Rule 25) Disability Or Disqualification Of Judge|Section 23A-21-2 - Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.

23A-21-2. Magistrate pro tempore to replace magistrate disqualified for bias or prejudice.If a defendant or prosecuting attorney in a criminal action prosecuted by information or complaint in a magistrate court makes an affidavit that he cannot have an impartial trial by reason of the bias or prejudice of the magistrate, the presiding circuit judge of the circuit in which the magistrate court is situated shall appoint a magistrate pro tempore for the trial of such action. The magistrate pro tempore shall preside at the trial and do any other act with reference thereto, as though he were the presiding magistrate of that magistrate court. Source: SL 1978, ch 178, §277.
SD Codified L § 23A-21-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 21 - (Rule 25) Disability Or Disqualification Of Judge|Section 23A-21-3 - (Rule 25(a)) Replacement of judge disabled during jury trial.

23A-21-3.(Rule 25(a)) Replacement of judge disabled during jury trial.If by reason of death, sickness, or other disability a judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge in the circuit, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the trial. Source: SL 1978, ch 178, §274.
SD Codified L § 23A-21-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 21 - (Rule 25) Disability Or Disqualification Of Judge|Section 23A-21-4 - (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.

23A-21-4.(Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South Dakota to the court may perform those duties. If the other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial. Source: SL 1978, ch 178, §275.
SD Codified L § 23A-22-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-2 - Civil rules applicable except as provided.

23A-22-2. Civil rules applicable except as provided.The rules of evidence in civil cases are applicable also to criminal cases, except as otherwise provided in this title. Source: Supreme Court Rule 399, 1939; SDC 1939 & Supp 1960, §34.3631; SDCL, §23-44-9; SL 1978, ch 178, §279.
SD Codified L § 23A-22-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-3 - Innocence presumed--Reasonable doubt requires acquittal.

23A-22-3. Innocence presumed--Reasonable doubt requires acquittal.A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted. Source: SDC 1939 & Supp 1960, §34.3635; SDCL, §23-44-5; SL 1978, ch 178, §281.
SD Codified L § 23A-22-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-4 - Facts put in issue by not guilty plea.

23A-22-4. Facts put in issue by not guilty plea.A plea of not guilty puts in issue every material fact constituting an offense charged in an indictment, information, or complaint. Source: Supreme Court Rule 390, 1939; SDC 1939 & Supp 1960, §34.3521; SDCL, §23-35-23; SL 1978, ch 178, §280.
SD Codified L § 23A-22-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-5 - Burden of proof as to mitigation or excuse in homicide prosecution.

23A-22-5. Burden of proof as to mitigation or excuse in homicide prosecution.In prosecutions for murder, after the prosecution has proved that a defendant committed the homicide, the burden of proving circumstances of mitigation, or that justify or excuse it, passes to the defendant, unless the proof of the prosecution shows that the crime committed only amounts to manslaughter or that the defendant was justified or excused. Source: Supreme Court Rule 402, 1939; SDC 1939 & Supp 1960, §34.3642; SDCL, §23-44-15; SL 1978, ch 178, §289.
SD Codified L § 23A-22-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-6 - Defendant's right to testify--No presumption from failure to testify.

23A-22-6. Defendant's right to testify--No presumption from failure to testify.In a trial of all indictments, informations, complaints, and other proceedings before any court or magistrate, against persons charged with the commission of any crime, the person charged shall, at his own request, but not otherwise, be a competent witness. His failure to make such request does not create any presumption against him. Source: SDC 1939 & Supp 1960, §34.3633; SDCL, §23-44-1; SL 1978, ch 178, §282.
SD Codified L § 23A-22-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-7 - Discharge of defendant to testify against codefendant.

23A-22-7. Discharge of defendant to testify against codefendant.When two or more persons are included in the same indictment or information, a court may on the application of the prosecuting attorney, at any time before the defendants have gone into their defense, direct any defendant to be discharged from the indictment or information, in order that he may be a witness for the prosecution. Source: SDC 1939 & Supp 1960, §34.3626; SDCL, §23-44-7; SL 1978, ch 178, §290.
SD Codified L § 23A-22-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-8 - Corroboration of accomplice's testimony required for conviction.

23A-22-8. Corroboration of accomplice's testimony required for conviction.A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence which tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense, or the circumstances thereof. Source: SDC 1939 & Supp 1960, §34.3636; SDCL, §23-44-10; SL 1978, ch 178, §284.
SD Codified L § 23A-22-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-9 - (Rule 26.1) Notice of issue concerning law of foreign country--Sources considered--Determination as question of law.

23A-22-9.(Rule 26.1) Notice of issue concerning law of foreign country--Sources considered--Determination as question of law.A party who intends to raise an issue concerning the law of a foreign country shall give reasonable written notice. A court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under rules of evidence. The court's determination shall be treated as a ruling on a question of law. Source: SL 1978, ch 178, §293.
SD Codified L § 23A-22-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-10 - (Rule 27) Proof of official record or lack of record.

23A-22-10.(Rule 27) Proof of official record or lack of record.An official record or any entry therein or the lack of such a record may be proved in the same manner as in civil actions. Source: SL 1978, ch 178, §294.
SD Codified L § 23A-22-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-11 - (Rule 28) Appointment and compensation of interpreter.

23A-22-11.(Rule 28) Appointment and compensation of interpreter.A court may appoint an interpreter or translator of its own selection and may set reasonable compensation for him. Source: SL 1978, ch 178, §296.
SD Codified L § 23A-22-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-12 - Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense.

23A-22-12. Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense.Dying declarations are statements of material facts concerning the cause and circumstances constituting the res gestae of any felony made by the victim voluntarily while not mentally ill and under the fixed and solemn belief that his death is inevitable and near at hand.In all prosecutions for manslaughter or murder, all dying declarations are always admissible in evidence, if the deceased would have been a competent witness if living.All such declarations are also admissible in behalf of the defense. Source: SDC 1939 & Supp 1960, §34.3632; SDCL, §23-44-4; SL 1975, ch 169, §7; SL 1976, ch 324; SL 1978, ch 178, §283.
SD Codified L § 23A-22-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-13 - Overt acts required for conspiracy conviction.

23A-22-13. Overt acts required for conspiracy conviction.In prosecutions for conspiracy in a case where an overt act is necessary to constitute the offense, a defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, and unless one or more of the acts alleged are proved, but any other overt act, not alleged in the indictment or information, may be received as evidence. Source: SDC 1939 & Supp 1960, §34.3637; SDCL, §23-44-12; SL 1978, ch 178, §285.
SD Codified L § 23A-22-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-14 - Proof of incorporation of bank not required in forgery or counterfeiting prosecution--Expert testimony as to forgery or counterfeiting.

23A-22-14. Proof of incorporation of bank not required in forgery or counterfeiting prosecution--Expert testimony as to forgery or counterfeiting.In prosecutions for forging a bill or note of an incorporated company or bank, or for passing or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it is not necessary to prove the incorporation of the bank or company by its charter or act of incorporation, but it may be proved by general reputation, and persons of skill are competent witnesses to prove that such bill or note is forged or counterfeited. Source: Supreme Court Rule 401, 1939; SDC 1939 & Supp 1960, §34.3641; SDCL, §23-44-14; SL 1978, ch 178, §286.
SD Codified L § 23A-22-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-16 - Proof of marriages in bigamy prosecutions.

23A-22-16. Proof of marriages in bigamy prosecutions.In prosecutions for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but they may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge. Source: Supreme Court Rule 400, 1939; SDC 1939 & Supp 1960, §34.3640; SDCL, §23-44-11; SL 1978, ch 178, §288.
SD Codified L § 23A-22-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 22 - Evidence|Section 23A-22-17 - View of place of offense by jury--Protection of jury from unlawful communication.

23A-22-17. View of place of offense by jury--Protection of jury from unlawful communication.When, in the opinion of a court, it is proper that a jury should view the place where an offense is alleged to have been committed, or where any other material fact occurred, it may order the jury to be conducted in a body, in the custody of proper officers, to the place, which must be shown to them by a person appointed by the court for that purpose. The officers must be sworn to prevent any person from speaking to or communicating with the jury, and not to do so themselves, on any subject connected with the trial, and to return them into court without unnecessary delay or at a specified time. Source: SDC 1939 & Supp 1960, §34.3648; SDCL, §23-44-18; SL 1978, ch 178, §292.
SD Codified L § 23A-23-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 23 - (Rule 29) Motion For Judgment Of Acquittal|Section 23A-23-1 - (Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or without motion on close of evidence for either side--Defendant's right to offer evidence after denial of motion.

23A-23-1.(Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or without motion on close of evidence for either side--Defendant's right to offer evidence after denial of motion.Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. A court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more offenses charged in an indictment or information after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of the offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the prosecuting attorney is not granted, the defendant may offer evidence without having reserved the right. Source: SDC 1939 & Supp 1960, §34.3650; SDCL, §23-45-5; SL 1978, ch 178, §297.
SD Codified L § 23A-23-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 23 - (Rule 29) Motion For Judgment Of Acquittal|Section 23A-23-2 - (Rule 29(b)) Reservation of decision on motion made at close of trial--Time of ruling.

23A-23-2.(Rule 29(b)) Reservation of decision on motion made at close of trial--Time of ruling.If a motion for judgment of acquittal is made at the close of all the evidence, a court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. Source: SL 1978, ch 178, §298.
SD Codified L § 23A-23-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 23 - (Rule 29) Motion For Judgment Of Acquittal|Section 23A-23-3 - (Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required.

23A-23-3.(Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required.If a jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within ten days after the jury is discharged or within such further time as the court may fix during the ten-day period. If a verdict of guilty is returned a court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned a court may enter judgment of acquittal. In order to make such a motion it is not necessary to have made a similar motion prior to the submission of the case to the jury. Source: SL 1978, ch 178, §299.
SD Codified L § 23A-23-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 23 - (Rule 29) Motion For Judgment Of Acquittal|Section 23A-23-4 - Renewal of motion not required for review on appeal.

23A-23-4. Renewal of motion not required for review on appeal.Once a motion for judgment of acquittal is made it need not be renewed to be reviewed on appeal. Source: SL 1978, ch 178, §300.
SD Codified L § 23A-24-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-2 - Order of proceedings at trial.

23A-24-2. Order of proceedings at trial.After a jury has been impaneled and sworn, a trial must proceed in the following order:(1)If the indictment or information is for a felony, the clerk or prosecuting attorney must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with;(2)The prosecuting attorney or other counsel for the state must make an opening statement and offer the evidence in support of the indictment or information;(3)The defendant or his counsel may then open his defense and offer his evidence in support thereof. However, the defendant or his counsel may make his opening statement immediately after the prosecuting attorney's opening statement;(4)The parties may then, respectively, offer rebutting evidence only, unless the court, for good reason, in furtherance of justice or to correct an evident oversight, permits them to offer evidence upon their original case;(5)The judge must then charge the jury; he may state the issues and must declare the law, but must not instruct the jury in respect to matters of fact; and except as otherwise specially provided in this title all instructions and requests for instructions shall be governed by the law relating thereto in civil actions, except that all requests for instructions must be made before argument to the jury is begun and all objections to the giving or refusing of any instructions must be taken and called to the attention of the court before the jury retires, unless the court shall otherwise direct; and(6)When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the prosecuting attorney shall open and the defendant or his counsel shall follow; then the prosecuting attorney shall conclude the argument to the jury. Source: Supreme Court Rule 396, 1939; SDC 1939 & Supp 1960, §34.3627; SDCL, §23-42-6; SL 1978, ch 178, §302.
SD Codified L § 23A-24-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-3 - Departure from order of proceedings for good cause.

23A-24-3. Departure from order of proceedings for good cause.When the state of the pleadings requires it or in any case for good reasons and in the sound discretion of the court, the order of trial and argument prescribed in §23A-24-2 may be departed from. Source: Supreme Court Rule 396, 1939; SDC 1939 & Supp 1960, §34.3627; SDCL, §23-42-7; SL 1978, ch 178, §303.
SD Codified L § 23A-24-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-4 - Separation or segregation of jurors before submission of case--Oath of officers in charge of jury.

23A-24-4. Separation or segregation of jurors before submission of case--Oath of officers in charge of jury.At any time before the submission of a case to the jury, a court, in its discretion, may allow the jurors to separate or shall have them kept in charge of proper officers who must be sworn to keep the jurors together until the next meeting of the court, to allow no person (including the officers themselves) to communicate with the jurors on any subject connected with the trial, and to return the jurors to court at the time directed by the court. Source: SDC 1939 & Supp 1960, §34.3647; SDCL, §23-43-44; SL 1978, ch 178, §304.
SD Codified L § 23A-24-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-5 - Admonition to jurors on each adjournment of court.

23A-24-5. Admonition to jurors on each adjournment of court.Jurors shall, at each adjournment of court, whether permitted to separate or kept in charge of officers, be admonished by the court as follows: You are reminded that you are not to discuss any aspect of this case among yourselves or with anyone else and that you should not form or express any opinion on the case until it is given to you for decision. Source: Supreme Court Rule 403, 1939; SDC 1939 & Supp 1960, §34.3649; SDCL §23-43-45; SL 1978, ch 178, §305; SL 2007, ch 149, §1.