by admin | May 14, 2021 | Criminal Procedure, South Dakota
The grand jury may at all reasonable times ask the advice of the court or of the prosecuting attorney.SDCL 23A-5-10 SDC 1939 & Supp 1960, § 34.1222; SDCL, § 23-30-7; SL 1972, ch 147, § 1; SL 1978, ch 178, § 51.
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 grand jury has power, and it is its duty, to inquire into all public offenses committed or triable in its county, and to present them to the circuit court by indictment. A grand jury is entitled to free access at all reasonable times to public prisons, and to the...
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
After the grand jury is impaneled and sworn, it must be charged by the court. In doing so, the court shall give the members such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court or...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The following oath shall be administered to the foreperson of the grand jury: Do you, as foreperson of the grand jury, swear or affirm that you will diligently inquire into and make indictments of all public offenses against the state about which you have or can...
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