reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-1 - Panel defined.

23A-19-1. Panel defined.
A panel is a list of jurors drawn pursuant to chapter 16-13 to serve at a particular court or for the trial of a particular action.
Source:
SDC 1939 & Supp 1960, §34.3610; SDCL, §23-43-9; SL 1978, ch 178, §262.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-2 - Challenge to panel defined.

23A-19-2. Challenge to panel defined.
A challenge to a panel is an objection made to all the trial jurors drawn, and may be taken by either party.
Source:
SDC 1939 & Supp 1960, §34.3610; SDCL, §23-43-10; SL 1978, ch 178, §263.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-3 - Grounds for challenge to panel--Bias of officer summoning additional jurors.

23A-19-3. Grounds for challenge to panel--Bias of officer summoning additional jurors.
A challenge to a panel may only be based on a material departure from the procedure prescribed by law for the drawing and return of the jury, or on the intentional omission of the board of jury selectors or sheriff to summon one or more of the jurors drawn. However, if the panel is composed of any persons who were summoned to serve as jurors pursuant to §16-13-42, a challenge may be taken to the panel based upon the alleged bias of the officer who summoned them if such bias would be sufficient grounds for a challenge to an individual juror under § 23A-20-13.1. Such challenge must be determined in the same manner as if made to an individual juror for bias.
Source:
SDC 1939 & Supp 1960, §§34.3611, 34.3612; SDCL, §§23-43-11, 23-43-14; SL 1978, ch 178, §264; SL 2021, ch 86, § 4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-4 - Time for challenge to panel--Ground stated.

23A-19-4. Time for challenge to panel--Ground stated.
A challenge to a panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge.
Source:
SDC 1939 & Supp 1960, §34.3611; SDCL, §23-43-12; SL 1978, ch 178, §265.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-5 - Challenge to panel when several defendants tried together.

23A-19-5. Challenge to panel when several defendants tried together.
When several defendants are tried together, any individual defendant may challenge the panel, but if more than one defendant challenges the panel, the challenges must be tried together.
Source:
SDC 1939 & Supp 1960, §34.3611; SDCL, §23-43-13; SL 1978, ch 178, §266.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-6 - Objection to challenge--Entry and trial.

23A-19-6. Objection to challenge--Entry and trial.
An objection to a challenge need not be in writing, but must be entered upon the court minutes and thereupon the court must try the challenge.
Source:
SDC 1939 & Supp 1960, §34.3613; SDCL, §23-43-15; SL 1978, ch 178, §267.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-7 - Trial of sufficiency of challenge--Trial of fact issues.

23A-19-7. Trial of sufficiency of challenge--Trial of fact issues.
A court must first try the sufficiency of a challenge, assuming the facts alleged therein to be true. If the court determines that the facts alleged, if true, constitute sufficient grounds for challenge to the panel, the objecting party may then deny the facts alleged in the challenge. The denial may be oral and must be entered on the record. The court must then proceed to try the issue of fact.
Source:
SDC 1939 & Supp 1960, §34.3613; SDCL, §§23-43-15, 23-43-16; SL 1978, ch 178, §268.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-8 - Examination of officers on trial of challenge to panel.

23A-19-8. Examination of officers on trial of challenge to panel.
Upon the trial of a challenge to the panel, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.
Source:
SDC 1939 & Supp 1960, §34.3613; SDCL, §23-43-18; SL 1978, ch 178, §269.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-9 - New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed.

23A-19-9. New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed.
If a challenge to a panel is allowed, the judge shall order a jury to be drawn and summoned in the regular manner. If it is disallowed, the court must direct the jury to be impaneled.
Source:
SDC 1939 & Supp 1960, §34.3614; SDCL, §23-43-19; SL 1978, ch 178, §270.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-10 - Calling of jurors' names when case ready for trial--Attachment for absent jurors.

23A-19-10. Calling of jurors' names when case ready for trial--Attachment for absent jurors.
When a case is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and the court in its discretion may order that an attachment issue against those who are absent; but the court may, in its discretion, wait for the return of the attachment.
Source:
SDC 1939 & Supp 1960, §34.3604; SDCL, §23-43-2; SL 1978, ch 178, §271.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 19 - The Jury Panel › Section 23A-19-11 - Drawing of names of jurors.

23A-19-11. Drawing of names of jurors.
At the opening of court the clerk shall randomly draw the names of the persons summoned as jurors by an electronic process or prepare separate ballots, containing the names of the persons summoned as jurors and deposit the ballots in a suitable container.
If an electronic process is not used, the clerk shall, under the direction of the court, publicly draw out of the container the appropriate number of ballots to form the jury. Before the name of any juror is drawn, the container shall be closed and the contents shall be intermingled. The clerk shall then, without looking at the ballots, draw them from the container.
Source:
SDC 1939 & Supp 1960, §§34.3605, 34.3606; SDCL, §§23-43-5, 23-43-6; SL 1978, ch 178, §272; SL 2003, ch 115, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-1 - Jurors summoned for civil actions used for criminal trials.

23A-20-1. Jurors summoned for civil actions used for criminal trials.
Jurors drawn and summoned for the trial of civil actions are also the jurors for the trial of criminal actions.
Source:
SDC 1939 & Supp 1960, §34.3604; SDCL, §23-43-1; SL 1978, ch 178, §233.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-2 - Alternative methods of selecting jurors.

23A-20-2. Alternative methods of selecting jurors.
When prospective jurors are called for examination, the court shall allow selection by either §23A-20-3 or 23A-20-4.
Source:
SL 1978, ch 178, §234.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-3 - Call of jurors equal to number required including challenges.

23A-20-3. Call of jurors equal to number required including challenges.
When prospective jurors are called for examination, the court shall call to the jury box a number of prospective jurors equal to the number of jurors to be impaneled, the number of peremptory challenges allowed the parties, and number of alternates, if any.
Source:
SL 1978, ch 178, §235.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-4 - Formation of trial jury as in civil actions.

23A-20-4. Formation of trial jury as in civil actions.
Trial juries for criminal actions may be formed in the same manner as trial juries in §15-14-10.
Source:
SDC 1939 & Supp 1960, §34.3604; SDCL, §23-43-2; SL 1978, ch 178, §236; Supreme Court Rule 97-39.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-6 - Prospective jurors--Examination.

23A-20-6. Prospective jurors--Examination.
The defense attorney or the defendant, if appearing pro se, and the prosecuting attorney shall conduct examination of prospective jurors. Prior to the examination the court may conduct a general examination of the prospective jurors. The court may in its discretion allow examination of one or more jurors apart from the other jurors. If approved by the court, prospective jurors may be examined on whether the presence of a certified therapeutic dog to assist a child witness or a witness having a developmental disability would create undue sympathy for the witness or in any way serve as a prejudice to the defendant.
For purposes of this section, the terms, certified therapeutic dog, child witness, and developmental disability, have the meanings provided in §23A-24-10.
Source:
SL 1978, ch 178, §238; SL 2020, ch 102, § 4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-7 - Oath of panel members.

23A-20-7. Oath of panel members.
All members of the panel shall swear or affirm that they will answer truthfully all questions concerning their qualifications by taking the following oath.
Do you swear or affirm that you will truthfully answer all questions asked of you by the court or counsel concerning your qualifications to sit as jurors on this case, so help you God?
Source:
SL 1978, ch 178, §239; SL 2007, ch 131, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-7.1 - Affirmation permitted in lieu of oath.

23A-20-7.1. Affirmation permitted in lieu of oath.
Any person required to take an oath pursuant to §§15-14-11, 23A-5-7, 23A-20-7, and 23A-25-5.1, who, having conscientious scruples against oath-taking, shall be allowed to make affirmation. Such person may also substitute the words, "under pains and penalties of perjury," for the words "so help you God."
Source:
SL 2007, ch 131, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-8 - Excuse and replacement of juror disqualified for cause--Challenges for cause on record.

23A-20-8. Excuse and replacement of juror disqualified for cause--Challenges for cause on record.
At any time that cause for disqualifying a juror appears, the court shall excuse him and call another member of the panel to take his place in the jury box and on the clerk's list of jurors. Challenges for cause may be made out of hearing of the jurors, but shall be made on the record.
Source:
SL 1978, ch 178, §242.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-9 - Kinds of challenge for cause--Taken by either party.

23A-20-9. Kinds of challenge for cause--Taken by either party.
A challenge for cause is an objection to a particular juror. It may be taken either by the state or a defendant.
Source:
SDC 1939 & Supp 1960, §34.3617; SDCL, §23-43-29; SL 1978, ch 178, §242; SL 1999, ch 282.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-10 - Order of taking challenges for cause.

23A-20-10. Order of taking challenges for cause.
All challenges for cause to an individual juror must be taken, first by the defendant and then by the state, and each party must exhaust all his challenges for cause before the other begins.
If new jurors are called to the panel to replace jurors dismissed for cause, the procedure in this section shall be followed in exercising challenges for cause to the substituted jurors.
Source: SDC 1939 & Supp 1960, §§34.3622, 34.3623; SDCL, §§23-43-40, 23-43-42; SL 1978, ch 178, §243; SL 1999, ch 283.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-14 - Entry in minutes of challenge to individual juror.

23A-20-14. Entry in minutes of challenge to individual juror.
A challenge to an individual juror may be oral, but must be entered upon the minutes of the court.
Source:
SDC 1939 & Supp 1960, §34.3620; SDCL, §23-43-36; SL 1978, ch 178, §240.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-15 - Objections to challenge of jurors--Denial of facts.

23A-20-15. Objections to challenge of jurors--Denial of facts.
An adverse party or counsel may object to a challenge in the manner specified in §§23A-19-6 to 23A-19-9, inclusive, and the same proceedings must be had thereon, except that if an objection is allowed the juror must be excluded. An adverse party may also orally deny facts alleged as a ground for challenge.
Source:
Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, §34.3621; SDCL, §23-43-37; SL 1978, ch 178, §247.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-16 - Trial by court of challenges.

23A-20-16. Trial by court of challenges.
All challenges, whether to a panel or to an individual juror, shall be tried by the court.
Source:
Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, §34.3621; SDCL, §23-43-37; SL 1978, ch 178, §247.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-17 - Examination as witness of challenged juror--Evidence received.

23A-20-17. Examination as witness of challenged juror--Evidence received.
When a challenge to an individual juror is tried, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge.
Source:
Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, §34.3621; SDCL, §23-43-38; SL 1978, ch 178, §248.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-18 - Allowance or disallowance of challenge to individual juror.

23A-20-18. Allowance or disallowance of challenge to individual juror.
When a challenge to an individual juror is tried, the court must either allow or disallow the challenge and direct an entry accordingly upon the minutes.
Source:
Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, §34.3621; SDCL, §23-43-39; SL 1978, ch 178, §249.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-19 - Peremptory challenge defined--Either party.

23A-20-19. Peremptory challenge defined--Either party.
A peremptory challenge is an objection to a juror for which no reason need be given. It can be taken by either party and may be oral. A court must exclude a juror on a peremptory challenge.
Source:
SDC 1939 & Supp 1960, §34.3615; SDCL, §23-43-27; SL 1978, ch 178, §250.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-20 - (Rule 24(b)) Number of peremptory challenges allowed.

23A-20-20.(Rule 24(b)) Number of peremptory challenges allowed.
If an offense charged is a Class A, Class B, Class C, or Class 1 felony, the prosecution and the defense each have twenty peremptory challenges. In all other felony cases, the prosecution and the defense each have ten peremptory challenges. In misdemeanor cases, the prosecution and the defense each have three peremptory challenges.
Source:
SDC 1939 & Supp 1960, §34.3616; SDCL §23-43-28; SL 1978, ch 178, §251; SL 1979, ch 159, §13; SL 1981, ch 186, §1; SL 2009, ch 124, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-21 - Additional challenges granted by court.

23A-20-21. Additional challenges granted by court.
For good cause shown, a court may grant such additional challenges as it, in its discretion, believes necessary and proper.
Source:
SL 1978, ch 178, §252.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-22 - Challenges allowed when more than one defendant.

23A-20-22. Challenges allowed when more than one defendant.
If there is more than one defendant a court may, upon good cause shown, allow the parties additional challenges and permit them to be exercised separately or jointly, as it, in its discretion, believes necessary and proper.
Source:
SL 1978, ch 178, §253.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-23 - Time of motion for additional challenges.

23A-20-23. Time of motion for additional challenges.
A motion made pursuant to §23A-20-21 or 23A-20-22 must be made at least one week in advance of the first scheduled trial date or within such other time as may be provided by the rules of the circuit court.
Source:
SL 1978, ch 178, §254.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-24 - Alternative methods of exercising peremptory challenges.

23A-20-24. Alternative methods of exercising peremptory challenges.
If prospective jurors are called for examination pursuant to §23A-20-3, the manner of exercising a peremptory challenge shall be as found in §23A-20-25. If prospective jurors are called for examination pursuant to §23A-20-4 the manner of exercising a peremptory challenge shall be as found in §23A-20-26.
Source:
SL 1978, ch 178, §255.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-25 - Alternating peremptory challenges.

23A-20-25. Alternating peremptory challenges.
Following examination of the jurors called for examination pursuant to §23A-20-3, the parties, commencing with the prosecuting attorney, shall alternately exercise their peremptory challenges on the clerk's list. A peremptory challenge may not be waived.
Source:
CCrimP 1877, §342; CL 1887, §7369; RCCrimP 1903, §349; RC 1919, §4867; SDC 1939 & Supp 1960, §34.3622; SDCL, §23-43-41; SL 1978, ch 178, §256.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-26 - Peremptory challenges exercised as in civil trials.

23A-20-26. Peremptory challenges exercised as in civil trials.
When prospective jurors are called for examination pursuant to §23A-20-4, peremptory challenges shall be exercised in the same manner prescribed in §15-14-10.
Source:
SL 1978, ch 178, §257; Supreme Court Rule 97-40.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-27 - Trial jury constituted after peremptory challenges--Last jurors chosen as alternates.

23A-20-27. Trial jury constituted after peremptory challenges--Last jurors chosen as alternates.
The persons remaining after both parties have exercised their peremptory challenges constitute the jurors for the trial. The jurors remaining who were last called under §23A-20-3, 23A-20-4, or 23A-20-8 to make up the full jury box shall be the alternate jurors.
Source:
SL 1978, ch 178, §258.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 20 - (Rule 24) The Trial Jury › Section 23A-20-28 - (Rule 24(c)) Impaneling of alternate jurors--Replacement of regular jurors--Qualifications and oaths.

23A-20-28.(Rule 24(c)) Impaneling of alternate jurors--Replacement of regular jurors--Qualifications and oaths.
A court may direct that not more than six jurors in addition to the regular jury members be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they were called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be disqualified, discharged, or unable to perform their duties. Alternate jurors shall be drawn at the same time and in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities, and privileges as regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.
Source:
SL 1923, ch 150; SL 1929, ch 100; SDC 1939 & Supp 1960, §34.3607; SL 1963, ch 227; SDCL, §§23-43-21, 23-43-22; SL 1978, ch 178, §259; SL 1979, ch 159, §49.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 24 - Conduct Of Trial › Section 23A-24-6 - Minor's testimony as to sexual offense involving child--Open only to certain persons--Exception for grand jury proceedings.

23A-24-6. Minor's testimony as to sexual offense involving child--Open only to certain persons--Exception for grand jury proceedings.
Any portion of criminal proceedings, with the exception of grand jury proceedings, at which a minor is required to testify concerning rape of a child, sexual contact with a child, child abuse involving sexual abuse, or any other sexual offense involving a child may be closed to all persons except the parties' attorneys, the victim or witness assistant, the victim's parents or guardian, and officers of the court and authorized representatives of the news media, unless the court, after proper hearing, determines that the minor's testimony should be closed to the news media or the victim's parents or guardian in the best interest of the minor.
Source:
SL 1983, ch 211, §1; SL 1986, ch 193, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 24 - Conduct Of Trial › Section 23A-24-7 - Removal of victim and parent or guardian from courtroom.

23A-24-7. Removal of victim and parent or guardian from courtroom.
The victim of a crime and his parent or guardian may not be excluded from a courtroom due to a request which is made pursuant to §19-19-615. However, a judge may remove a victim and his parent or guardian from a trial or hearing or any portion of the trial or hearing for the same causes and in the same manner as the rules of court or law provide for the exclusion or removal of the defendant.
Source:
SL 1986, ch 193, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 24 - Conduct Of Trial › Section 23A-24-8 - Victim unable to attend trial or hearing--Selection of representative.

23A-24-8. Victim unable to attend trial or hearing--Selection of representative.
If a victim is unable to attend the trial or hearing or any portion of the trial or hearing due to death; disability; hardship; incapacity; physical, mental, or emotional condition or age, the victim, the victim's parent or guardian, or the victim's immediate family may select a representative to exercise the rights granted to the victim by §§19-19-615, 23A-5-11, and 23A-24-6 to 23A-24-9, inclusive.
Source:
SL 1986, ch 193, §5; SL 2021, ch 108, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 24 - Conduct Of Trial › Section 23A-24-9 - Failure of victim to exercise rights not grounds for appeal, reversal or remand.

23A-24-9. Failure of victim to exercise rights not grounds for appeal, reversal or remand.
If a victim fails to exercise any right granted by §§19-19-615, 23A-5-11, and 23A-24-6 to 23A-24-9, inclusive, the failure is not grounds for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction.
Source:
SL 1986, ch 193, §6.