by admin | May 14, 2021 | Criminal Procedure, South Dakota
The subject of a grand jury investigation may, at the discretion of the grand jury or prosecuting attorney, be given the opportunity to testify before the grand jury, provided he waives immunity orally on the record or in writing.SDCL 23A-5-12 SL 1978, ch 178, §...
by admin | May 14, 2021 | Family Law, South Dakota
A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids such condonation.SDCL 25-4-24 SDC 1939, § 14.0716.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The rules of evidence shall apply to proceedings before the grand jury. A grand jury is not bound to hear evidence for a defendant, but it is its duty to weigh all the evidence submitted to it. When it has reason to believe that there is other evidence, it may order...
by admin | May 14, 2021 | Family Law, South Dakota
Where the cause of divorce consists of a course of offensive conduct, or arises in cases of cruelty from excessive acts of ill-treatment, which may aggregately constitute the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The court shall have the power to remove a witness’ attorney and order the witness to obtain new counsel, when it finds that the attorney has violated § 23A-5-11 or that such removal and replacement is necessary to ensure that the activities of a grand jury are...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The testimony of any witness appearing before a grand jury in any case shall be recorded. Such testimony may be recorded by means of an electronic recording device.SDCL 23A-5-11.1 SL 1987, ch 173; SL 1998, ch 147, §1.
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