reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-78 - Admission of military judge pro hac vice.

33-10-78. Admission of military judge pro hac vice.
In the instance if a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the senior force judge advocate which is the same force as the accused setting forth such qualifications provided in §33-10-77.
Source:
SL 2012, ch 175, §59.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-79 - Designation of military judge--Performance report prohibited.

33-10-79. Designation of military judge--Performance report prohibited.
The military judge of a general or special court-martial shall be designated by the senior force judge advocate which is the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.
Source:
SL 2012, ch 175, §60.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-80 - Military judge may not be accuser, witness, investigator, or counsel.

33-10-80. Military judge may not be accuser, witness, investigator, or counsel.
No person may act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.
Source:
SL 2012, ch 175, §61.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-81 - Consultation with members of court.

33-10-81. Consultation with members of court.
The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court.
Source:
SL 2012, ch 175, §62.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-82 - Detail of trial counsel and defense counsel.

33-10-82. Detail of trial counsel and defense counsel.
For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate.
Source:
SL 2012, ch 175, §63.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-83 - Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.

33-10-83. Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.
No person who has acted as investigating officer, military judge, witness or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.
Source:
SL 2012, ch 175, §64.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-84 - Qualifications of counsel.

33-10-84. Qualifications of counsel.
Except as provided in §33-10-85, trial counsel or defense counsel detailed for a general or special court-martial shall be:
(1)A judge advocate as defined in §33-10-20; and
(2)In the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court-martial is held.
Source:
SL 2012, ch 175, §65.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-85 - Admission of defense counsel pro hac vice--Qualifications.

33-10-85. Admission of defense counsel pro hac vice--Qualifications.
In the instance when a defense counsel is not a member of the bar of the highest court of the state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(1)A commissioned officer of the armed forces of the United States or a component thereof;
(2)A member in good standing of the bar of the highest court of a state;
(3)Certified as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps; or
(4)A judge advocate as defined in §33-10-20.
Source:
SL 2012, ch 175, §66.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-86 - Detail or employment of court reporters and interpreters--Promulgation of rules.

33-10-86. Detail or employment of court reporters and interpreters--Promulgation of rules.
Under such rules as may be promulgated by the Adjutant General pursuant to chapter 1-26, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.
Source: SL 2012, ch 175, §67; SL 2023, ch 109, §13.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-87 - Absent members of court-martial.

33-10-87. Absent members of court-martial.
No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
Source:
SL 2012, ch 175, §68.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-88 - Additional members of general court-martial.

33-10-88. Additional members of general court-martial.
If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
Source:
SL 2012, ch 175, §69.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-89 - Additional members of special court-martial.

33-10-89. Additional members of special court-martial.
If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides.
Source:
SL 2012, ch 175, §70.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-90 - Court-martial composed of military judge only--Procedure when military judge unable to proceed.

33-10-90. Court-martial composed of military judge only--Procedure when military judge unable to proceed.
If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of subsections 33-10-61(1)(b) or (2)(b), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
Source:
SL 2012, ch 175, §71.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-91 - Marshal--Duties.

33-10-91. Marshal--Duties.
A military court sitting in any county shall be attended by the county sheriff, or some suitable person designated by the sheriff, who shall be the marshal of the court and perform the usual duties of such marshals. The marshal shall execute any process lawfully issued by the court and perform all acts and duties by this chapter imposed on and authorized to be performed by any sheriff, marshal, or constable. The officer ordering the court shall furnish a copy of the order to the sheriff of the county where the court is directed to meet. The order constitutes notice to the sheriff to appear or designate someone as marshal of the court.
Source:
SL 2012, ch 175, §72.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-92 - Compensation of marshal.

33-10-92. Compensation of marshal.
Every marshal appointed to a military court shall be allowed the same fees and mileage allowed sheriffs for their duties in criminal cases as provided in §7-12-18, the same to be paid on the certificate of the president of the court or presiding judge as to number of days employed and other duties performed. No marshal may receive any fees from the person served.
Source:
SL 2012, ch 175, §73.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-93 - Malfeasance of sheriff or marshal.

33-10-93. Malfeasance of sheriff or marshal.
Refusal or neglect by the sheriff or marshal to execute any warrant required in §33-10-91 or to return and pay all the money collected as fines subjects the offending sheriff or marshal to double the amount of such fines and penalties. The conversion to personal use of moneys so collected by any sheriff or marshal is theft and shall be prosecuted as such in any court of the state having jurisdiction in such cases.
Source:
SL 2012, ch 175, §74.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.