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59 chapters · 917 sections in this title.
SDCL § 23A-12-1 (Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail
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Depositions shall not be ordered for discovery or any other purpose except as specifically provided by statute or rule. Whenever due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and prese…
SDCL § 23A-12-10 Hearing to record testimony as to additional evidence
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Upon timely receipt of a notice that additional evidence has been newly discovered and for good cause shown, the court may order an additional hearing to record the victim's testimony relevant to the newly discovered evidence on video. Source: SL 1983, ch 184 , § 2; SL 2022, ch 7…
SDCL § 23A-12-2 (Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend
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The party at whose instance a deposition is to be taken in the state shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the …
(Rule 15(c)) Governmental payment of defendant's expenses for deposition
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Whenever a deposition is taken at the instance of the prosecuting attorney, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expenses of the taking of the deposition, the court may direct that the expense of travel and subsistence of the …
