reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 09 - (Rule 12.1) Notice Of Alibi › Section 23A-9-6 - (Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.

23A-9-6.(Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.
Evidence of an intention to rely upon an alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.
Source:
SL 1978, ch 178, §122.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense › Section 23A-10-2 - Form of plea raising defense.

23A-10-2. Form of plea raising defense.
A defendant in a criminal case raising the defense of insanity shall, at his arraignment, specially plead "not guilty and not guilty by reason of insanity."
Source:
SL 1953, ch 201, §1; SDC Supp 1960, §34.20A01; SDCL, §23-37-1; SL 1978, ch 178, §124; SL 1983, ch 174, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense › Section 23A-10-3 - (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.

23A-10-3.(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
If a defendant intends to introduce expert testimony relating to mental illness or insanity relevant to the issue of whether he had the mental state required for the offense charged, he shall, not less than thirty days prior to the date set for trial or at any later time as the court may direct, notify the prosecuting attorney in writing of his intention and file a copy of the notice with the clerk of the court. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make any other order as is appropriate.
Source:
SL 1978, ch 178, §125; SL 1983, ch 174, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense › Section 23A-10-4 - (Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.

23A-10-4.(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
In an appropriate case a court shall, upon motion of a prosecuting attorney, order the defendant to submit to a psychiatric examination by a psychiatrist designated for this purpose by the prosecuting attorney in an order of the court. The court may also appoint medical experts and require that the defendant submit himself for examination by such court-appointed medical experts. No statement made by an accused in the course of any examination provided for by this section, whether the examination was with or without the consent of the accused, shall be admitted in evidence against him on the issue of guilt in any criminal proceeding except for the purpose of impeaching the defendant.
Source:
SL 1953, ch 201, §1; SDC Supp 1960, §34.20A01; SDCL, §23-37-2; SL 1978, ch 178, §126; SL 1979, ch 159, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense › Section 23A-10-5 - (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

23A-10-5.(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
If the defendant fails to give notice when required by §23A-10-3 or to submit to an examination when ordered under §23A-10-4, a court shall exclude the testimony of any witness offered by a defendant on the issue of his mental state.
Source:
SL 1978, ch 178, §127; SL 1983, ch 174, §11.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense › Section 23A-10-6 - Mistrial when defense raised without pleading--Subsequent trial.

23A-10-6. Mistrial when defense raised without pleading--Subsequent trial.
If, during the trial of a criminal case, where the plea of "not guilty and not guilty by reason of insanity" has not been made, a court deems that a substantial suggestion of a defendant's sanity was raised as a defense, the defendant shall be deemed to have consented to a mistrial. Former jeopardy may not attach on a subsequent trial of the same case. In those circumstances, a second trial shall be had as soon as is practical and without regard for regular terms of court and the court shall, in advance of the second trial, require the defendant to submit himself for examination as prescribed by §23A-10-4.
Source:
SL 1953, ch 201, §3; SDC Supp 1960, §34.20A03; SDCL, §23-37-4; SL 1978, ch 178, §128; SL 1983, ch 174, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense › Section 23A-10-7 - Independent psychiatric examination--Court approval--Notice--Cost.

23A-10-7. Independent psychiatric examination--Court approval--Notice--Cost.
Subject to court approval, the defendant may be examined at an approved community health center by a psychiatrist of his own choosing at his own expense or, if indigent, at county expense. Examination of the defendant shall be on the issue of his insanity when the offense occurred. Notice of the independent examination shall be given to the prosecuting attorney at least five days before the examination date. A psychiatrist who examines an indigent defendant may receive a reasonable fee.
Source:
SL 1983, ch 174, §10.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-1 - Definition of mental incompetency.

23A-10A-1. Definition of mental incompetency.
The term, "mentally incompetent to proceed," as used in this chapter, means the condition of a person who is suffering from a mental disease, developmental disability, as defined in §27B-1-18, or psychological, physiological, or etiological condition rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.
Source:
SL 1978, ch 175, §2; SDCL Supp, §23-38-1.1; SL 1985, ch 192, §47; SL 1991, ch 199, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-2 - Incompetent person cannot be tried, sentenced or punished.

23A-10A-2. Incompetent person cannot be tried, sentenced or punished.
A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed.
Source:
CCrimP 1877, §514; CL 1887, §7564; RCCrimP 1903, §543; RC 1919, §4793; SDC 1939 & Supp 1960, §34.2001; SDCL, §23-38-1; SL 1978, ch 175, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-3 - Hearing on mental condition--Mental examination and report.

23A-10A-3. Hearing on mental condition--Mental examination and report.
At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or developmental disability, or other conditions set forth in §23A-10A-1, rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceeding against the defendant or to assist properly in the defendant's defense. Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of §§23A-46-1 and 23A-46-2. The examination shall be completed within twenty-one days of the court order, unless for good cause the court grants a continuance. The hearing shall be conducted pursuant to the provisions of §23A-46-3.
Source:
SL 1978, ch 175, §4; SDCL Supp, §23-38-2.1; SL 1985, ch 192, §38; SL 1991, ch 199, §4; SL 2017, ch 109, §16.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-4 - Commitment--Finding required--Duration.

23A-10A-4. Commitment--Finding required--Duration.
If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or developmental disability, or other conditions set forth in §23A-10A-1, rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceedings against the defendant or to assist properly in the defense, the court shall order the defendant to be placed in a restoration to competency program under the direction of an approved facility, commit the defendant to the custody of an approved facility having residential capability, or order the defendant to be placed on outpatient status for restoration to competency if the court makes a written finding that the defendant is not considered to be a danger to the health and safety of others and is otherwise eligible for bond. A defendant placed on outpatient status is subject to the provisions of chapter 23A-43. The defendant shall be treated for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future the defendant will attain the capacity to permit the trial to proceed. No commitment may be made to an approved facility that is not owned by the state without first obtaining the consent of the administrator of the privately owned facility.
Source:
SDC 1939 & Supp 1960, §34.2002; SDCL, §23-38-2; SL 1978, ch 175, §3; SL 1985, ch 192, §39; SL 1991, ch 199, §5; SL 2020, ch 97, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-4.1 - Recovery of defendant--Certificate--Discharge pending hearing--Notice--Hearing.

23A-10A-4.1. Recovery of defendant--Certificate--Discharge pending hearing--Notice--Hearing.
If the director of the facility under which the defendant is being treated in accordance with §23A-10A-4 determines that the defendant has recovered to an extent that the defendant is able to understand the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the director shall promptly file a certificate to that effect with the clerk of the court that ordered the placement or commitment, and the defendant shall be discharged from the facility where the defendant is hospitalized, if applicable. Upon discharge, the defendant is subject to the provisions of chapter 23A-43.
The court shall send a copy of the certificate to the defendant's counsel and to the prosecuting attorney. The court shall hold a hearing, conducted under the provisions of §23A-46-3, to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to an extent that the defendant is capable of understanding the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the court shall set the date for trial. If, after the hearing, the court does not find by a preponderance of the evidence that the defendant has recovered to an extent that the defendant is capable of understanding the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the court shall order the defendant to be placed in a restoration to competency program under the direction of an approved facility, in an approved facility, or on outpatient status for restoration to competency if the court makes a written finding that the defendant is not considered to be a danger to the health and safety of others and is otherwise eligible for bond for a term consistent with this section and §§23A-10A-14 and 23A-10A-15.
Source: SL 1985, ch 192, §40; SL 1991, ch 199, §6; SL 2020, ch 97, §2; SL 2023, ch 78, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-4.2 - Findings as to mental competence not prejudicing insanity defense--Inadmissible.

23A-10A-4.2. Findings as to mental competence not prejudicing insanity defense--Inadmissible.
A finding by the court that the defendant is mentally competent to stand trial may not prejudice the defendant in raising the issue of his insanity as a defense to the offense charged, and may not be admissible as evidence in a trial for the offense charged.
Source:
SL 1985, ch 192, §41.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-5 - Suspension of proceedings pending determination of defendant's competency.

23A-10A-5. Suspension of proceedings pending determination of defendant's competency.
The trial of the indictment or information or the sentencing, as the case may be, shall be suspended until the question of mental competency is determined by the court.
Source:
SDC 1939 & Supp 1960, §34.2002; SDCL, §23-38-3; SL 1978, ch 175, §5; SL 1991, ch 199, §10; SL 1991, ch 200.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-6 - Rules governing competency proceedings.

23A-10A-6. Rules governing competency proceedings.
The proceedings on the question of mental competency shall be conducted according to the rules of criminal procedure.
Source:
SDC 1939 & Supp 1960, §34.2003; SDCL, §23-38-4; SL 1978, ch 175, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-6.1 - Burden and standard of proof.

23A-10A-6.1. Burden and standard of proof.
If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence.
Source:
SL 1984, ch 178; SL 1988, ch 190.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-10 - Expense of maintenance of defendant committed.

23A-10A-10. Expense of maintenance of defendant committed.
The expenses of keeping a defendant in the approved facility is chargeable and collectible in the same manner as when a mentally ill person not charged with a public offense is committed thereto.
Source:
SDC 1939 & Supp 1960, §34.2005; SDCL, §23-38-8; SL 1978, ch 175, §10; SL 1991, ch 199, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-13 - Approved facility defined.

23A-10A-13. Approved facility defined.
The term, approved facility, as used in this chapter, means the Human Services Center; the state developmental centers; a community support provider; a mental health center, as defined by subdivision 27A-1-1(13), or any other facility approved by the Department of Human Services or the Department of Social Services for placement or treatment of mentally ill or developmentally disabled persons.
Source:
SL 1991, ch 199, §2; SL 2009, ch 138, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-13.1 - Restoration to competency program defined.

23A-10A-13.1  .   Restoration to competency program defined.
The term, restoration to competency program, as used in this chapter, means a program under the direction of an approved facility which is designed to restore the defendant to competency in an inpatient, outpatient, or jail-based setting. The term includes a county jail upon the concurrence of the county sheriff to provide restoration to competency in the jail under the direction of an approved facility.
Source:  SL 2020, ch 97, § 3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-15 - Length of detention for Class A, B, or C felony.

23A-10A-15. Length of detention for Class A, B, or C felony.
If the most serious charge against the defendant is a Class A, B, or C felony, the order shall be for a term of years the court determines is reasonable or until the charges have been dismissed by the prosecution. The order may not exceed the maximum penalty allowable for the most serious charge facing the defendant. Upon expiration of the order of detention, the criminal charges against the defendant shall be dismissed. If the prosecutor believes there is probable cause to believe that the defendant is a danger to self or to others at the time of dismissal, the prosecutor may file a petition in accordance with chapter 27A-10 or 27A-11A or title 27B, for further restoration to competency.
Every twelve months thereafter, the director of the approved facility shall notify the court if the defendant is still in a restoration to competency program under the direction of an approved facility or in the approved facility pursuant to this chapter, and the circuit court shall hold a hearing to review any order of detention to determine if the defendant has become competent to proceed.
Source:
SL 1991, ch 199, §§8, 9; SL 2020, ch 97, § 5; SL 2021, ch 107, § 2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed › Section 23A-10A-16 - Time in approved facility credited to term of imprisonment.

23A-10A-16. Time in approved facility credited to term of imprisonment.
Time spent by a defendant in a restoration to competency program or an approved facility pursuant to this chapter, shall be credited to the term of imprisonment, if any, for which the defendant is sentenced in the criminal case which was suspended under §23A-10A-5.
Source:
SL 1991, ch 199, §11; SL 2020, ch 97, § 6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 11 - Joinder For Trial › Section 23A-11-1 - (Rule 13) Joinder for trial of indictments, informations, or defendants.

23A-11-1.(Rule 13) Joinder for trial of indictments, informations, or defendants.
A court may order two or more indictments or informations, or both, to be tried together if the offenses, and the defendants, if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were under a single indictment or information.
Source:
Supreme Court Rule 395, 1939; SDC 1939 & Supp 1960, §34.3625; SDCL, §23-42-4; SL 1978, ch 178, §129.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 11 - Joinder For Trial › Section 23A-11-2 - (Rule 14) Relief from prejudicial joinder of offenses or defendants.

23A-11-2.(Rule 14) Relief from prejudicial joinder of offenses or defendants.
If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the prosecuting attorney to deliver to the court for inspection in camera any statements or confessions made by the defendants which the state intends to introduce in evidence at the trial.
Source:
Supreme Court Rules 366, 395, 1939; SDC 1939 & Supp 1960, §§34.3009, 34.3625; SDCL, §§23-32-8, 23-42-4; SL 1978, ch 178, §130.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-1 - (Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail.

23A-12-1.(Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail.
Depositions shall not be ordered for discovery or any other purpose except as specifically provided by statute or rule.
Whenever due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the parties order that testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged, be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his deposition be taken. After the deposition has been subscribed the court may discharge the witness.
Source:
SL 1978, ch 178, §131; SL 1979, ch 159, §10.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-2 - (Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend.

23A-12-2.(Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend.
The party at whose instance a deposition is to be taken in the state shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce him at the examination and keep him in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause him to be removed from the place of the taking of the deposition, he persists in conduct which is such as to justify his being excluded from that place. A defendant not in custody shall have the right to be present at the examination upon request subject to such terms as may be fixed by the court, but his failure, absent good cause shown, to appear after notice and tender of expenses in accordance with §23A-12-3 shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
Source:
SL 1978, ch 178, §132.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-3 - (Rule 15(c)) Governmental payment of defendant's expenses for deposition.

23A-12-3.(Rule 15(c)) Governmental payment of defendant's expenses for deposition.
Whenever a deposition is taken at the instance of the prosecuting attorney, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expenses of the taking of the deposition, the court may direct that the expense of travel and subsistence of the defendant and his attorney for attendance at the examination and the cost of the transcript of the deposition shall be paid by the appropriate governmental unit.
Source:
SL 1978, ch 178, §133.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-4 - (Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness.

23A-12-4.(Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness.
Subject to such additional conditions as the court may provide, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in this title; provided that:
(1)In no event shall a deposition be taken of a party defendant without his consent; and
(2)The scope and manner of examination and cross-examination shall be such as would be allowed in the trial itself.
The prosecuting attorney shall make available to the defendant or his counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the prosecuting attorney and to which the defendant would be entitled at the trial.
Source:
SL 1978, ch 178, §134.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-5 - Sealing and endorsement of deposition--Transmittal to court.

23A-12-5. Sealing and endorsement of deposition--Transmittal to court.
A deposition taken pursuant to this chapter shall be enclosed, sealed, and endorsed with the title of the action and the name of the officer taking it. Such officer shall address and transmit it to the clerk of the court where the action is pending. It shall remain under seal until opened by the clerk by order of the court, or at the request of a party to the action or his attorney or the prosecuting attorney.
Source:
SDC 1939 & Supp 1960, §34.2703; SDCL, §23-41-19; SL 1978, ch 178, §135.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-6 - (Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used.

23A-12-6.(Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used.
At a trial or any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:
(1)That a witness is dead;
(2)That the witness is out of the state, unless it appears that the absence of the witness was procured by the party offering the deposition;
(3)That the witness is unable to attend or testify because of sickness or infirmity; or
(4)That the witness is confined in jail or prison outside the state.
When a deposition has once been taken, it may be read in any stage of the same action and on any trial thereof. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered, and any party may offer other parts.
Source:
SDC 1939 & Supp 1960, §§34.2606, 34.2704; SDCL, §§23-41-13, 23-41-20; SL 1978, ch 178, §136.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-7 - (Rule 15(f)) Time of objecting to testimony in deposition--Objections to receiving in evidence.

23A-12-7.(Rule 15(f)) Time of objecting to testimony in deposition--Objections to receiving in evidence.
Objections to deposition testimony or evidence or parts thereof and the grounds for the objection shall be stated at the time of the taking of the deposition. Objections to receiving in evidence a deposition or part thereof may be made on the basis that the conditions of §23A-12-6 are no longer applicable.
Source:
SL 1978, ch 178, §137.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-8 - (Rule 15(g)) Agreement of parties as to taking or use of deposition.

23A-12-8.(Rule 15(g)) Agreement of parties as to taking or use of deposition.
Nothing in this chapter shall preclude the taking of a deposition, for use at trial, orally or upon written questions, or the use of a deposition, by agreement of the parties with the consent of the court.
Source:
SL 1978, ch 178, §138.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-9 - Video recording of young sex crime or human trafficking victim's testimony at preliminary hearing or deposition--Use at trial.

23A-12-9. Video recording of young sex crime or human trafficking victim's testimony at preliminary hearing or deposition--Use at trial.
If a victim is less than sixteen years of age at the time of a preliminary hearing or deposition, a prosecuting or defense attorney may apply for an order that the victim's testimony at the preliminary hearing or deposition, in addition to being stenographically recorded, be recorded and preserved on video, if a defendant has been charged with a violation of:
(1)Subdivision 22-22-1(1) or (5);
(2)§22-22-7; or
(3)§22-49-2.
The scope and manner of the examination and cross-examination must be such as would be allowed at the trial. Notice of any such deposition pursuant to this section must conform in all respects to the notice requirements contained in §23A-12-2.
The application for the order must be in writing and made at least three days before the preliminary hearing or deposition.
Upon timely receipt of the application, the court may order that the testimony of the victim given at the preliminary hearing or deposition be taken and preserved on video. The video must be transmitted to the clerk of the court in which the action is pending.
If, at the time of trial, the court finds that the victim is otherwise unavailable within the meaning of subdivision 19-19-804(a), or that such testimony would in the opinion of the court be substantially detrimental to the well-being of the victim, the court may admit the video of the victim's testimony at the preliminary hearing or deposition as former testimony under subsection 19-19-804(b)(1).
Source: SL 1983, ch 184, §1; SL 1985, ch 195; SL 1986, ch 191, §1; SL 2008, ch 118, §2; SL 2022, ch 72, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 12 - (Rule 15) Depositions › Section 23A-12-10 - Hearing to record testimony as to additional evidence.

23A-12-10. Hearing to record testimony as to additional evidence.
Upon timely receipt of a notice that additional evidence has been newly discovered and for good cause shown, the court may order an additional hearing to record the victim's testimony relevant to the newly discovered evidence on video.
Source: SL 1983, ch 184, §2; SL 2022, ch 72, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-1 - (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants.

23A-13-1.(Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants.
Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph:
(1)Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody, or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney;
(2)The substance of any oral statement, which the prosecuting attorney intends to offer in evidence at the trial, made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be an employee of a law enforcement agency; and
(3)Notwithstanding §23A-5-16, recorded testimony of the defendant before a grand jury which relates to the offense charged.
Where the defendant is a corporation, partnership, association, or labor union, the court may grant the defendant, upon its motion, discovery of relevant recorded testimony of any witness before a grand jury who was, at the time of his testimony, so situated as an officer or employee as to have been able legally to bind the defendant in respect to conduct constituting the offense, or who was at the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been able legally to bind the defendant in respect to that alleged conduct in which he was involved.
Source:
SL 1978, ch 178, §140.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-2 - (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.

23A-13-2.(Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.
Upon written request of the defendant, the prosecuting attorney shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the prosecuting attorney, and the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney.
Source:
SL 1978, ch 178, §142.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-3 - (Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence.

23A-13-3.(Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence.
Upon written request of the defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the prosecuting attorney and which are material to the preparation of his defense or intended for use by the prosecuting attorney as evidence in chief at the trial, or were obtained from or belong to the defendant.
Source:
SL 1978, ch 178, §143.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-4 - (Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests.

23A-13-4.(Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests.
Upon written request of a defendant, the prosecuting attorney shall permit a defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the prosecuting attorney, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney, and which are material to the preparation of the defense or are intended for use by a prosecuting attorney as evidence in chief at the trial.
Source:
SL 1978, ch 178, §144.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-5 - Work product protected from discovery by defendant.

23A-13-5. Work product protected from discovery by defendant.
Except as provided in §§23A-13-1, 23A-13-2, and 23A-13-4, this chapter does not authorize the discovery or inspection of reports, memoranda, or other internal prosecution documents made by the prosecuting attorney or other employees of law enforcement agencies in connection with the investigation or prosecution of the case, or of statements made by the prosecution witnesses or prospective prosecution witnesses except as provided in §§23A-13-7 to 23A-13-10, inclusive.
Source:
SL 1978, ch 178, §145.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-6 - Statement by witness not discoverable until testimony in preliminary hearing or trial.

23A-13-6. Statement by witness not discoverable until testimony in preliminary hearing or trial.
In any criminal prosecution, no statement in the possession of the prosecuting attorney, which was made by a prosecution witness or prospective prosecution witness (other than the defendant), shall be the subject of subpoena, discovery, or inspection until such witness has testified on direct examination in the preliminary hearing or in the trial of the case.
Source:
SL 1978, ch 178, §146; SL 1979, ch 159, §10A.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-7 - Prior statements of prosecution witnesses subject to discovery after direct examination.

23A-13-7. Prior statements of prosecution witnesses subject to discovery after direct examination.
After a witness called by the prosecuting attorney has testified on direct examination, the court shall, on motion of the defendant, order the prosecuting attorney to produce any statement, as defined in §23A-13-10, of the witness in the possession of the prosecuting attorney which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use.
Source:
SL 1978, ch 178, §147.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-8 - Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant.

23A-13-8. Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant.
If the prosecuting attorney claims that any statement ordered to be produced under §§23A-13-6 to 23A-13-10, inclusive, contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the prosecuting attorney to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the prosecuting attorney and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his preparation for its use in the trial.
Source:
SL 1978, ch 178, §148.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-9 - Testimony stricken when prosecution elects not to produce prior statement--Mistrial.

23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial.
If the prosecuting attorney elects not to comply with an order of the court under §§23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.
Source:
SL 1978, ch 178, §148-A.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-10 - Kinds of prior statements subject to discovery by defendant.

23A-13-10. Kinds of prior statements subject to discovery by defendant.
The term "statement" as used in §§23A-13-7 to 23A-13-9, inclusive, in relation to any witness called by the prosecuting attorney, means:
(1)A written statement made by such witness and signed or otherwise adopted or approved by him;
(2)A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by such witness and recorded contemporaneously with the making of such oral statement;
(3)A statement, however taken or recorded, or a transcription thereof, if any, made by such witness to a grand jury;
(4)A summary of an oral declaration made by someone other than the witness that has been reduced to writing, except for a summary written by a prosecuting attorney.
Source:
SL 1978, ch 178, §148-B; SL 1979, ch 159, §10B; SL 2018, ch 290 (Supreme Court Rule 17-11), eff. Sept. 1, 2017.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-11 - (Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.

23A-13-11.(Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.
Except as provided in chapter 23A-5, §23A-13-1, and subdivision 23A-13-10(3), this title does not relate to discovery or inspection of the recorded proceedings of a grand jury.
Source:
SL 1978, ch 178, §149.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-12 - (Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution.

23A-13-12.(Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution.
If the defendant requests disclosure under §23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief at the trial.
Source:
SL 1978, ch 178, §151.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-13 - Results of examinations and scientific tests discoverable by prosecution.

23A-13-13. Results of examinations and scientific tests discoverable by prosecution.
If the defendant requests disclosure under §23A-13-3 or 23A-13-4, upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to his testimony.
Source:
SL 1978, ch 178, §152.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-14 - (Rule 16(b)(2)) Defense work product protected from discovery.

23A-13-14.(Rule 16(b)(2)) Defense work product protected from discovery.
Except as to scientific or medical reports, §23A-13-12 or 23A-13-13 does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by prosecution or defense witnesses, or by prospective prosecution or defense witnesses, to the defendant, his agents or attorneys.
Source:
SL 1978, ch 178, §153.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-15 - (Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery.

23A-13-15.(Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery.
If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under §§23A-13-1 to 23A-13-14, inclusive, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.
Source:
SL 1978, ch 178, §162.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-16 - (Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record.

23A-13-16.(Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record.
Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
Source:
SL 1978, ch 178, §173.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-17 - (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.

23A-13-17.(Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.
If, at any time during the course of a proceeding, it is brought to the attention of a court that a party has failed to comply with an applicable discovery provision, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery and inspection and may prescribe such terms and conditions as are just.
Source:
SL 1978, ch 178, §174.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 13 - (Rule 16) Discovery › Section 23A-13-18 - (Rule 16(e)) Discovery of alibi witnesses.

23A-13-18.(Rule 16(e)) Discovery of alibi witnesses.
Discovery of alibi witnesses is governed by chapter 23A-9.
Source:
SL 1978, ch 178, §176.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-2 - Attorneys' subpoena for witnesses within state.

23A-14-2. Attorneys' subpoena for witnesses within state.
A prosecuting attorney may issue subpoenas, subscribed by him, for witnesses within the state, in support of a prosecution, or for such witnesses as a grand jury may direct. An attorney for a defendant may issue subpoenas subscribed by him for witnesses the defendant may require.
Source:
SDC 1939 & Supp 1960, §34.2401; SDCL, §23-40-3; SL 1978, ch 178, §178.