by admin | May 14, 2021 | Family Law, South Dakota
Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce. The following requirements are necessary to condonation:(1) A knowledge on the part of the condoner of the facts constituting the cause of divorce;(2) Reconciliation...
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)...
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 | Family Law, South Dakota
Collusion is an agreement between husband and wife that one of them shall commit or appear to have committed or to be represented in court as having committed acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce.SDCL 25-4-21...
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