reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-3 - (Rule 17(b)) Subpoenas for indigent defendant--Payment of costs.

23A-14-3.(Rule 17(b)) Subpoenas for indigent defendant--Payment of costs.
If a defendant has received court appointed counsel pursuant to chapter 23A-40, the court shall order at any time that a subpoena be issued upon the application of the defendant to the court. The defendant must state that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed by the process shall be paid in the same manner in which similar costs and fees are paid in the case of a witness subpoenaed in behalf of the state. Such motion may be made ex parte.
Source:
SL 1978, ch 178, §179.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-4 - Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by clerk of court.

23A-14-4. Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by clerk of court.
A committing magistrate before whom a complaint is laid shall, when requested, issue subpoenas, subscribed by him, for witnesses within the state, either on behalf of the state or the defendant.
The clerk of the court at which an indictment or information is to be tried shall issue a subpoena without charge, signed and sealed but otherwise blank, to a party requesting it, who shall fill in the blanks before it is served.
Source:
SDC 1939 & Supp 1960, §34.2401; SDCL, §§23-40-2, 23-40-4; SL 1978, ch 178, §178.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-5 - (Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights.

23A-14-5.(Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights.
A subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein. A court on motion made promptly may quash or modify a subpoena if compliance would be unreasonable or oppressive. A court may direct that books, papers, documents, or objects designated in a subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, or documents, or objects or portions thereof to be inspected by the parties and their attorneys.
Source:
SL 1978, ch 178, §180.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-6 - (Rule 17(d)) Service of subpoena--Tender of fees and mileage.

23A-14-6.(Rule 17(d)) Service of subpoena--Tender of fees and mileage.
A subpoena may be served by a sheriff, by his deputy, or by any other person who is not a party and who is not less than eighteen years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one day's attendance and the mileage allowed by law. Fees and mileage need not be tendered to a witness upon service of a subpoena issued on behalf of the state, on behalf of a person residing within the county in which the action is pending, or on behalf of a defendant who has received court appointed counsel pursuant to chapter 23A-40.
Source:
SDC 1939 & Supp 1960, §34.2403; SDCL, §§23-40-7, 23-40-8; SL 1978, ch 178, §181.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-7 - (Rule 17(e)(1)) Place of service of subpoena.

23A-14-7.(Rule 17(e)(1)) Place of service of subpoena.
A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state.
Source:
SL 1978, ch 178, §182.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-7.1 - Expenses paid for out-of-county or indigent witness produced by state pursuant to subpoena or undertaking.

23A-14-7.1. Expenses paid for out-of-county or indigent witness produced by state pursuant to subpoena or undertaking.
When a person attends before a magistrate, grand jury, or court, as a witness on behalf of the state, upon a subpoena or pursuant to an undertaking, and it appears that he has come from a place out of the county or that he is indigent, the court, if the attendance of a witness is for a trial, by an order entered upon its minutes, or in any other case, the circuit judge, by a written order, may direct the county treasurer to pay the witness a reasonable sum, to be specified in the order, for his expenses. Upon the production of the order, or a certified copy thereof, the county treasurer must pay the witness the sum specified therein, out of the county treasury.
Source:
SL 1979, ch 159, §11.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-9 - (Rule 17(f)(1)) Authority for subpoena for deposition.

23A-14-9.(Rule 17(f)(1)) Authority for subpoena for deposition.
An order to take a deposition authorizes the issuance by the clerk of the court for the circuit in which the deposition is to be taken of subpoenas for the persons named or described therein.
Source:
SL 1978, ch 178, §184.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-10 - (Rule 17(f)(2)) Place attendance required for deposition.

23A-14-10.(Rule 17(f)(2)) Place attendance required for deposition.
The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.
Source:
SL 1978, ch 178, §185.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-11 - John Doe subpoena for examination before magistrate--Compelling obedience.

23A-14-11. John Doe subpoena for examination before magistrate--Compelling obedience.
Whenever a complaint verified positively or upon information and belief by a prosecuting attorney is laid before a committing magistrate that a criminal offense has been committed in this state and asking for an investigation of the same, such magistrate shall issue his subpoena requiring any person he may deem proper to attend before him at the time and place mentioned in such subpoena and submit to an examination and give testimony concerning any violation of law about which he may be questioned. No witness shall refuse to comply with such subpoena because his fee therefor has not been paid in advance and his attendance may be compelled by attachment as in the case of other witnesses.
Source:
SDC 1939 & Supp 1960, §34.0901; SDCL, §23-20-10; SL 1978, ch 178, §483.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-12 - Advice as to rights given to John Doe witness--Immunity provisions applicable.

23A-14-12. Advice as to rights given to John Doe witness--Immunity provisions applicable.
Any witness examined under §23A-14-11 shall be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. The provisions of §23A-14-29 relating to immunity shall apply to proceedings held pursuant to §23A-14-11.
Source:
SL 1978, ch 178, §483.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-13 - Record of John Doe testimony--Warrant for arrest of offender.

23A-14-13. Record of John Doe testimony--Warrant for arrest of offender.
The testimony of a witness attending pursuant to §23A-14-11 shall be reduced to writing by the committing magistrate or some person under his direction. If the offense complained of appears to have been committed, a warrant for the arrest of the offender shall be issued and further proceedings shall then be had as provided by law.
Source:
SDC 1939 & Supp 1960, §34.0901; SDCL, §23-20-11; SL 1978, ch 178, §484.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-14 - Interstate summons of witnesses--Definition of terms.

23A-14-14. Interstate summons of witnesses--Definition of terms.
Terms used in §§23A-14-14 to 23A-14-24, inclusive, mean:
(1)"Witness," a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding;
(2)"State," any state or territory of the United States and the District of Columbia;
(3)"Summons," a summons, subpoena, order, or other notice requiring the appearance of a witness.
Source:
SL 1937, ch 259, §1; SDC 1939 & Supp 1960, §34.2501; SDCL, §23-40-14; SL 1978, ch 178, §186.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-15 - Hearing on certification from another state as to witness required from this state.

23A-14-15. Hearing on certification from another state as to witness required from this state.
If a judge of a court of record in any state which by its laws has made provisions commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person in this state is a material witness in such prosecution or grand jury investigation, and that his presence will be required for a specified number of days, a South Dakota circuit judge of the county in which such person is, shall, upon presentation of such certificate, fix a time and place for a hearing, and shall make an order directing the witness to appear at the hearing.
Source:
SDC 1939 & Supp 1960, §34.2502; SDCL, §23-40-15; SL 1978, ch 178, §187.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-16 - Summons to appear in another state issued after hearing--Protection accorded witness.

23A-14-16. Summons to appear in another state issued after hearing--Protection accorded witness.
If a hearing is ordered pursuant to §23A-14-15 and a judge determines that a witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where the grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
Source:
SDC 1939 & Supp 1960, §34.2502; SDCL, §23-40-16; SL 1978, ch 178, §188.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-17 - Placement of witness in custody of officer from other state.

23A-14-17. Placement of witness in custody of officer from other state.
If the certificate described in §23A-14-16 recommends that a witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge to whom the certificate is presented may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing. If the judge at the hearing is satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, he may in lieu of issuing a subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
Source:
SDC 1939 & Supp 1960, §34.2502; SDCL, §23-40-17; SL 1978, ch 178, §189.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-18 - Punishment for contempt by witnesses summoned for appearance in another state--Fees to which entitled.

23A-14-18. Punishment for contempt by witnesses summoned for appearance in another state--Fees to which entitled.
A witness, who has been summoned pursuant to §§23A-14-15 to 23A-14-17, inclusive, who has been paid or offered, by a properly authorized person, twenty-one cents for each mile by the ordinarily traveled route to and from the court where the prosecution is pending, twenty dollars for each day that he is required to travel and attend as a witness, and twenty-five dollars for each night he is required to remain away from his residence, and who fails without good cause to attend and testify as directed in the summons, shall be punished in the manner provided by §23A-38-1 or 23A-38-2.
Source:
SDC 1939 & Supp 1960, §34.2502; SDCL, §23-40-18; SL 1978, ch 178, §190; SL 1986, ch 169, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-19 - Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody.

23A-14-19. Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody.
A circuit judge or a magistrate judge may issue a certificate under the seal of his court stating that a person in another state is a material witness in a prosecution pending in a court presided over by a circuit court judge or magistrate judge or in a grand jury investigation which has commenced or is about to commence in this state, if that state has made provisions in its laws for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the jurisdiction in which the witness is found.
Source:
SDC 1939 & Supp 1960, §34.2503; SDCL, §23-40-19; SL 1978, ch 178, §191.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-20 - Fees tendered to witness summoned from another state.

23A-14-20. Fees tendered to witness summoned from another state.
If the witness described in §23A-14-19 is summoned to attend and testify in this state, he shall be offered twenty-one cents for each mile by the ordinarily traveled route to and from the court where the prosecution is pending, twenty dollars for each day that he is required to travel and attend as a witness, and twenty-five dollars for each night he is required to remain away from his residence.
Source:
SDC 1939 & Supp 1960, §34.2503; SDCL, §23-40-20; SL 1978, ch 178, §192; SL 1986, ch 169, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-21 - Duration of stay required of witness summoned from another state.

23A-14-21. Duration of stay required of witness summoned from another state.
A witness who has appeared in accordance with the provisions of the summons shall not be required to remain in this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by a court.
Source:
SL 1933, ch 205, §2; SL 1937, ch 259, §3; SDC 1939 & Supp 1960, §34.2503; SDCL, §23-40-21; SL 1978, ch 178, §193.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-22 - Immunity from process of witness summoned from another state.

23A-14-22. Immunity from process of witness summoned from another state.
If a witness comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of civil or criminal process in connection with matters which arose before his entrance into this state under the summons.
Source:
SDC 1939 & Supp 1960, §34.2504; SDCL, §23-40-23; SL 1978, ch 178, §195.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-23 - Immunity from process of witness passing through under interstate summons.

23A-14-23. Immunity from process of witness passing through under interstate summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of civil or criminal process in connection with matters which arose before his entrance into this state under summons.
Source:
SDC 1939 & Supp 1960, §34.2504; SDCL, §23-40-24; SL 1978, ch 178, §196.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-24 - Punishment for contempt by witness summoned from another state.

23A-14-24. Punishment for contempt by witness summoned from another state.
If a witness described in §23A-14-19 comes into this state and fails without good cause to attend and testify as directed in his summons, he shall be punished in the manner provided by §23A-38-1 or 23A-38-2.
Source:
SDC 1939 & Supp 1960, §34.2503; SDCL, §23-40-22; SL 1978, ch 178, §194.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-25 - (Rule 17(g)) Disobedience of subpoena as contempt of court.

23A-14-25.(Rule 17(g)) Disobedience of subpoena as contempt of court.
Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.
Source:
SDC 1939 & Supp 1960, §34.2405; SDCL, §23-40-10; SL 1978, ch 178, §203.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-26 - Motions relating to subpoena--Hearing.

23A-14-26. Motions relating to subpoena--Hearing.
A motion relating to a subpoena may be made at any time prior to, during, or when appropriate, subsequent to the appearance of any witness before he testifies. Such motions shall be heard in chambers and on the record.
Source:
SL 1978, ch 178, §200.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-27 - Stay of subpoena until ruling on motion.

23A-14-27. Stay of subpoena until ruling on motion.
If a motion is made under §23A-14-26 before the day on which the person subpoenaed has been ordered to appear, or books, records, or documents have been ordered to be produced, the appearance of such person, or the production of such documents, shall upon appropriate order, be stayed until the court has ruled on such motion.
Source:
SL 1978, ch 178, §201.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-28 - Sanctions for oppressive subpoenas.

23A-14-28. Sanctions for oppressive subpoenas.
The court may impose appropriate sanctions including the quashing of a subpoena upon a showing by the subpoenaed person that:
(1)If called for any purpose, compliance with the subpoena would be for punitive purposes;
(2)If called before a grand jury, a primary purpose or effect of requiring such person to so testify or to produce such objects to the grand jury is or will be to secure for trial testimony or to secure other information regarding the activities of any person who is already under indictment for those activities in this state, or of any person who is held to answer by information for those activities.
Source:
SL 1978, ch 178, §202.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses › Section 23A-14-29 - Self-incriminating testimony required under promise of immunity--Restrictions on use of information.

23A-14-29. Self-incriminating testimony required under promise of immunity--Restrictions on use of information.
No witness may be excused on the basis of his privilege against self-incrimination from testifying or providing other information in a proceeding before a court, grand jury, administrative agency, or legislative committee of this state for a civil, criminal, or administrative action whenever the prosecuting attorney or attorney general has granted the witness immunity pursuant to this section or whenever the magistrate or circuit court judge presiding over the proceeding has ordered such testimony. No testimony or other information compelled under an order or a grant of immunity, or any information directly or indirectly derived from such testimony, may be used against the witness in any criminal proceeding, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
Source:
SDC 1939 & Supp 1960, §34.2406; SDCL, §23-40-12; SL 1978, ch 178, §481; SL 1985, ch 196, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-1 - Definitions.

23A-14A-1. Definitions.
Terms used in §§23A-14A-1 to 23A-14A-10, inclusive, mean:
(1)"Witness," a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by grand jury or in any criminal action before a court;
(2)"Penal institution," includes any jail, prison, penitentiary, house of correction, or other place of penal detention;
(3)"State," includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
Source:
SL 2002, ch 119, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-2 - Summoning prisoner in this state to testify in another state--Certificate of out-of-state judge--Hearing.

23A-14A-2. Summoning prisoner in this state to testify in another state--Certificate of out-of-state judge--Hearing.
Any judge of a state court of record in another state, which by its laws has made provisions for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify:
(1)That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in a court;
(2)That a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action; and
(3)That the person's presence will be required during a specified time.
Upon presentation of the certificate to any judge having jurisdiction over the person confined or to any judge having jurisdiction in the location where the person is confined, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before the judge at the hearing.
Source:
SL 2002, ch 119, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-3 - Issuance of order to attend.

23A-14A-3. Issuance of order to attend.
If at the hearing the judge determines:
(1)That the witness may be material and necessary;
(2)That the witness's attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness;
(3)That the laws of the state in which the witness is required to testify will give the witness protection from arrest and the service of civil and criminal process because of any act committed prior to the witness's arrival in the state under the order; and
(4)That as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which the witness may pass; the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce the witness in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and prescribing such conditions as the judge shall determine.
Source:
SL 2002, ch 119, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-4 - Terms and conditions for return, custody--Costs.

23A-14A-4. Terms and conditions for return, custody--Costs.
The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of the witness's testimony, proper safeguards on the witness's custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. Mileage and expenses shall be allowed as provided for state employees. The order does not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
Source:
SL 2002, ch 119, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-5 - Exceptions.

23A-14A-5. Exceptions.
Sections 23A-14A-1 to 23A-14A-10, inclusive, do not apply to any person in this state confined as mentally ill or under sentence of death.
Source:
SL 2002, ch 119, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-6 - Prisoner from another state summoned to testify in this state--Certificate.

23A-14A-6. Prisoner from another state summoned to testify in this state--Certificate.
If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a circuit court judge or magistrate may certify:
(1)That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in this court;
(2)That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and
(3)That the person's presence will be required during a specified time.
The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.
Source:
SL 2002, ch 119, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-7 - Order of compliance with terms and conditions prescribed by out-of-state judge.

23A-14A-7. Order of compliance with terms and conditions prescribed by out-of-state judge.
The court may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.
Source:
SL 2002, ch 119, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-8 - Exemption of prisoner from another state from arrest or service of process.

23A-14A-8. Exemption of prisoner from another state from arrest or service of process.
If a witness from another state comes into or passes through this state under an order directing the witness to attend and testify in this or another state, the witness is not subject, while in this state pursuant to the order, to arrest or the service of process, civil or criminal, because of any act committed prior to this arrival in this state under the order.
Source:
SL 2002, ch 119, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-9 - Uniformity of interpretation.

23A-14A-9. Uniformity of interpretation.
The provisions of §§23A-14A-1 to 23A-14A-10, inclusive, shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Source:
SL 2002, ch 119, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act › Section 23A-14A-10 - Citation.

23A-14A-10. Citation.
Sections 23A-14A-1 to 23A-14A-10, inclusive, may be cited as the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.
Source:
SL 2002, ch 119, §10.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 15 - (Rule 17.1) Pretrial Conference › Section 23A-15-1 - Order for conference to consider preliminary matters--Defendant not represented by counsel.

23A-15-1. Order for conference to consider preliminary matters--Defendant not represented by counsel.
Any time after the filing of an indictment or information a court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. This section shall not be invoked in a case where a defendant is not represented by counsel.
Source:
SL 1978, ch 178, §204.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 15 - (Rule 17.1) Pretrial Conference › Section 23A-15-2 - Memorandum of matters agreed upon at conference.

23A-15-2. Memorandum of matters agreed upon at conference.
At the conclusion of a conference the court shall prepare and file a memorandum of the matters agreed upon.
Source:
SL 1978, ch 178, §204.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 15 - (Rule 17.1) Pretrial Conference › Section 23A-15-3 - Verbal admissions at conference not used against defendant.

23A-15-3. Verbal admissions at conference not used against defendant.
No admissions made by a defendant or his attorney at a conference shall be used against him unless the admissions are reduced to writing and signed by the defendant and his attorney.
Source:
SL 1978, ch 178, §204.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-1 - Concurrent state jurisdiction of offenses on Indian reservations within state.

23A-16-1. Concurrent state jurisdiction of offenses on Indian reservations within state.
Whenever any acts in violation of the penal laws of the United States committed by any person upon any Indian reservation within this state shall constitute a crime under any law of the State of South Dakota, concurrent jurisdiction is hereby expressly reserved to the State of South Dakota to arrest, prosecute, convict, and punish any person committing any offense under the laws of the State of South Dakota, even though the acts constituting such offense may also constitute an offense under the laws of the United States of America.
Source:
SDC 1939, §34.0502; SL 1951, ch 187; SDCL, §23-9-6; SL 1978, ch 178, §220.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-2 - State jurisdiction of offense commenced outside state and consummated within state.

23A-16-2. State jurisdiction of offense commenced outside state and consummated within state.
When the commission of a public offense commenced outside this state is consummated within this state, the defendant may be punished in this state, even if he were out of the state at the time of the commission of the offense charged, if he consummated it in this state through the intervention of an innocent or guilty agent or by any other means proceeding directly from himself.
Source:
SDC 1939 & Supp 1960, §34.0801; SDCL, §23-9-10; SL 1978, ch 178, §208.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-3 - (Rule 18) Right to speedy trial by impartial jury--Venue in county where offense committed.

23A-16-3.(Rule 18) Right to speedy trial by impartial jury--Venue in county where offense committed.
The accused has the right to a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed.
Source:
SDC 1939 & Supp 1960, §34.2905 (5); SDCL, §23-2-11; SL 1978, ch 178, §205.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-5 - Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit judge orders in chambers.

23A-16-5. Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit judge orders in chambers.
All actions, special proceedings, motions, and applications of a criminal nature, arising under the laws of this state of which a circuit court has jurisdiction may be heard and determined at any place in the judicial circuit in which is situated the county where the same is brought or pending; but issues of fact in any criminal action must be tried in the county in which the same is brought or to which the place of trial is changed by order of court. Neither this section nor §23A-45-11 shall prevent the judge of any circuit court from making an order in chambers at any place within the state in any criminal matter properly before him.
Source:
SL 1887, ch 81, §1; CL 1887, §4828; RCCivP 1903, §33; RC 1919, §4654; SDC 1939 & Supp 1960, §34.0401; SDCL, §§23-9-2, 23-9-3; SL 1978, ch 178, §207.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-7 - Venue of offense commenced outside state.

23A-16-7. Venue of offense commenced outside state.
When a person commences an offense outside this state and consummates it within this state, and this state has jurisdiction of the offense pursuant to §23A-16-2, the venue is in the county in which the offense is consummated.
Source:
SDC 1939 & Supp 1960, §34.0801; SDCL, §23-9-10; SL 1978, ch 178, §209.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-8 - Venue of offense committed partly in one county and partly in another.

23A-16-8. Venue of offense committed partly in one county and partly in another.
When a public offense is committed partly in one county and partly in another county, or the acts or effects thereof constituting or requisite to the offense occur in two or more counties, the venue is in either county.
Source:
SDC 1939 & Supp 1960, §34.0804; SDCL, §23-9-17; SL 1978, ch 178, §210.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-9 - Venue of offense on or near county boundary.

23A-16-9. Venue of offense on or near county boundary.
When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the venue is in either county.
Source:
SDC 1939 & Supp 1960, §34.0804; SDCL, §23-9-18; SL 1978, ch 178, §211.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-10 - Venue of offense on state boundary water--Change of venue.

23A-16-10. Venue of offense on state boundary water--Change of venue.
When an offense is committed in this state on a boundary water between this state and another state, the venue is in any county which bounds on the body of water. Upon a showing of good cause, the court in which such prosecution is commenced may order the case transferred to any other county bounding on the body of water as is more appropriate under the general venue provisions of §23A-16-5.
Source:
SDC 1939 & Supp 1960, §34.0805; SDCL, §23-9-19; SL 1978, ch 178, §214.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-11 - Venue of homicide prosecution in county where fatal injury inflicted.

23A-16-11. Venue of homicide prosecution in county where fatal injury inflicted.
The venue of a prosecution for murder or manslaughter, when the injury which caused the death was inflicted in one county and the person injured dies in another county or out of state, is in the county where the injury was inflicted.
Source:
SDC 1939 & Supp 1960, §34.0809; SDCL, §23-9-24; SL 1978, ch 178, §218.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-12 - Venue when stolen property taken from one county to another.

23A-16-12. Venue when stolen property taken from one county to another.
When property taken in one county by burglary or theft is brought into another, the venue of the offense is in either of the counties where the prosecution is first commenced.
Source:
SDC 1939 & Supp 1960, §34.0806; SDCL, §23-9-20; SL 1978, ch 178, §212.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-13 - Venue of offense by sending letter from one county to another.

23A-16-13. Venue of offense by sending letter from one county to another.
When the sending of a letter is made a public offense by the statutes of this state, the venue of the offense is in any county where the letter is deposited or delivered or where it is received by the person to whom it is addressed.
Source:
SDC 1939, §13.0107; SDCL, §22-1-7; SL 1976, ch 158, §1-6; SDCL Supp, §23-9-17.1; SL 1978, ch 178, §213.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-14 - Venue of offense by use of mails.

23A-16-14. Venue of offense by use of mails.
Where the commission of a public offense involves the use of the mails, the venue of the offense is in any county where the letter is deposited or delivered, or where it is received by the person to whom it is addressed.
Source:
SL 1978, ch 178, §213-A.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-15 - Venue of prosecution of principal not present at commission of offense.

23A-16-15. Venue of prosecution of principal not present at commission of offense.
The venue in the case of a principal in the commission of a public offense, who was not present at the commission of the offense, is in the same county in which it would be under this title if he had been present and aiding and abetting therein.
Source:
SDC 1939 & Supp 1960, §34.0807; SDCL, §23-9-21; SL 1978, ch 178, §215.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-16 - Venue of prosecution of accessory where principal offense committed in another county.

23A-16-16. Venue of prosecution of accessory where principal offense committed in another county.
In the case of an accessory in the commission of a public offense as defined in §22-3-5, where the principal offense is committed in one county and the offense of the accessory is committed in another county, the venue is in either of the counties where the prosecution is first commenced.
Source:
SDC 1939 & Supp 1960, §34.0807; SDCL, §23-9-22; SL 1978, ch 178, §216.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-17 - County seat municipality which lies in more than one county.

23A-16-17.County seat municipality which lies in more than one county.
A county seat municipality which lies in more than one county is considered to be a district under the provisions of S. D. Const., Art. VI, §7.
Source:
SL 1984, ch 51.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings › Section 23A-16-18 - Venue of prosecution of perjury.

23A-16-18. Venue of prosecution of perjury.
Perjury may be prosecuted in the circuit court for either the county where the proceeding or action is venued or where the act of perjury was committed.
Source:
SL 2002, ch 113, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 17 - Transfer Of Proceedings From County › Section 23A-17-1 - (Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where arrested or held--Approval by prosecuting attorneys--Transmittal of papers.

23A-17-1.(Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where arrested or held--Approval by prosecuting attorneys--Transmittal of papers.
A defendant arrested, held, or present in a county other than that in which the indictment, information, or complaint is pending against him may state in writing that he wishes to plead guilty or nolo contendere, to waive trial in the county in which the indictment, information, or complaint is pending and to consent to disposition of the case in the county in which he was arrested, is held, or is present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and of the written approval of the prosecuting attorney, the clerk of the court or the court in which the indictment, information, or complaint is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court or court for the county in which the defendant is held and the prosecution shall continue in that county.
Source:
SL 1978, ch 178, §221.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 17 - Transfer Of Proceedings From County › Section 23A-17-3 - (Rule 20(c)) Return of papers to original county when defendant pleads not guilty.

23A-17-3.(Rule 20(c)) Return of papers to original county when defendant pleads not guilty.
If, after the proceeding has been transferred pursuant to §23A-17-1, the defendant pleads not guilty, the clerk of the court or the court shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. The defendant's statement that he wishes to plead guilty or nolo contendere shall not be used against him without his consent.
Source:
SL 1978, ch 178, §223.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 17 - Transfer Of Proceedings From County › Section 23A-17-5 - (Rule 21(a)) Change of county when fair trial impossible in original county.

23A-17-5.(Rule 21(a)) Change of county when fair trial impossible in original county.
A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county.
Source:
SDC 1939 & Supp 1960, §34.0817; SDCL, §23-28-7; SL 1978, ch 178, §225.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 17 - Transfer Of Proceedings From County › Section 23A-17-6 - (Rule 21(b)) Change of county for convenience on consent of parties.

23A-17-6.(Rule 21(b)) Change of county for convenience on consent of parties.
Upon the consent of both parties and for the convenience of parties and witnesses, and in the interest of justice, a court may transfer proceedings or any one or more of the counts thereof to another county.
Source:
SL 1978, ch 178, §226.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 17 - Transfer Of Proceedings From County › Section 23A-17-7 - (Rule 21(c)) Transmittal of papers on change of counties.

23A-17-7.(Rule 21(c)) Transmittal of papers on change of counties.
When a transfer is ordered the clerk of courts of the original county shall transmit to the clerk of the court to which the proceeding is transferred all papers in the proceeding or duplicates thereof and any bail taken, and the prosecution shall continue in that county.
Source:
SDC 1939 & Supp 1960, §§34.0818, 34.0819; SDCL, §§23-28-9, 23-28-10; SL 1978, ch 178, §227.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 17 - Transfer Of Proceedings From County › Section 23A-17-8 - (Rule 22) Time for motion to transfer.

23A-17-8.(Rule 22) Time for motion to transfer.
A motion to transfer under this title may be made at or before arraignment or at such other time as the court or this title may prescribe.
Source:
SL 1978, ch 178, §229.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 18 - (Rule 23) Trial By Jury Or Court › Section 23A-18-1 - (Rule 23(a)) Trial by jury unless waived by parties.

23A-18-1.(Rule 23(a)) Trial by jury unless waived by parties.
Cases required to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing or orally on the record with the approval of the court and the consent of the prosecuting attorney.
Source:
SL 1978, ch 178, §230.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 18 - (Rule 23) Trial By Jury Or Court › Section 23A-18-2 - (Rule 23(b)) Number of jurors--Stipulation for smaller jury.

23A-18-2.(Rule 23(b)) Number of jurors--Stipulation for smaller jury.
Juries shall consist of twelve members but at any time before verdict the parties may stipulate in writing or orally on the record with the approval of the court that the jury shall consist of any number less than twelve.
Source:
SDC 1939 & Supp 1960, §34.3607; SL 1963, ch 227; SDCL, §23-43-20; SL 1978, ch 178, §231.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 18 - (Rule 23) Trial By Jury Or Court › Section 23A-18-3 - (Rule 23(c)) Findings of fact in trial without jury.

23A-18-3.(Rule 23(c)) Findings of fact in trial without jury.
In a case tried without a jury a court shall make a general finding and shall in addition, on request made before submission of the case to the court for decision, find facts specially. Such findings may be oral. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
Source:
SL 1978, ch 178, §232; SL 1979, ch 159, §12.