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 | 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 | 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.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Prosecuting attorneys may at all times appear before the grand jury for the purpose of giving information or advice or interrogating witnesses relative to any matter cognizable by it. Prosecuting attorneys, the witness under examination and his counsel, interpreters...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Before testifying or providing other evidence at any proceeding before a grand jury impaneled before a circuit court, the subject of the grand jury investigation shall be given adequate and reasonable notice of:(1) His right to counsel as provided in § 23A-5-11;(2)...
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