Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-13-1 (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants
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Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph: (1) Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody, or control of the state, the existen…
SDCL § 23A-13-10 Kinds of prior statements subject to discovery by defendant
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The term "statement" as used in §§ 23A-13-7 to 23A-13-9 , inclusive, in relation to any witness called by the prosecuting attorney, means: (1) A written statement made by such witness and signed or otherwise adopted or approved by him; (2) A stenographic, mechanical, electrical, …
SDCL § 23A-13-11 (Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions
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Except as provided in chapter 23A-5 , § 23A-13-1 , and subdivision 23A-13-10(3), this title does not relate to discovery or inspection of the recorded proceedings of a grand jury. Source: SL 1978, ch 178 , § 149.
SDCL § 23A-13-12 (Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution
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If the defendant requests disclosure under § 23A-13-3 or 23A-13-4 , upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph books, papers,…
SDCL § 23A-13-13 Results of examinations and scientific tests discoverable by prosecution
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If the defendant requests disclosure under § 23A-13-3 or 23A-13-4 , upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph any results or…
SDCL § 23A-13-14 (Rule 16(b)(2)) Defense work product protected from discovery
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Except as to scientific or medical reports, § 23A-13-12 or 23A-13-13 does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the …
SDCL § 23A-13-15 (Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery
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If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under §§ 23A-13-1 to 23A-13-14 , inclusive, he shall promptly notify the other party or his attorney or the court of the ex…
SDCL § 23A-13-16 (Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record
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Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form…
SDCL § 23A-13-17 (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection
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If, at any time during the course of a proceeding, it is brought to the attention of a court that a party has failed to comply with an applicable discovery provision, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party …
SDCL § 23A-13-18 (Rule 16(e)) Discovery of alibi witnesses
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Discovery of alibi witnesses is governed by chapter 23A-9 . Source: SL 1978, ch 178 , § 176.
SDCL § 23A-13-2 (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request
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Upon written request of the defendant, the prosecuting attorney shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the prosecuting attorney, and the existence of which is known, or by the exercise of …
SDCL § 23A-13-3 (Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence
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Upon written request of the defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or …
SDCL § 23A-13-4 (Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests
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Upon written request of a defendant, the prosecuting attorney shall permit a defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody,…
SDCL § 23A-13-5 Work product protected from discovery by defendant
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Except as provided in §§ 23A-13-1 , 23A-13-2 , and 23A-13-4 , this chapter does not authorize the discovery or inspection of reports, memoranda, or other internal prosecution documents made by the prosecuting attorney or other employees of law enforcement agencies in connection w…
SDCL § 23A-13-6 Statement by witness not discoverable until testimony in preliminary hearing or trial
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In any criminal prosecution, no statement in the possession of the prosecuting attorney, which was made by a prosecution witness or prospective prosecution witness (other than the defendant), shall be the subject of subpoena, discovery, or inspection until such witness has testif…
SDCL § 23A-13-7 Prior statements of prosecution witnesses subject to discovery after direct examination
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After a witness called by the prosecuting attorney has testified on direct examination, the court shall, on motion of the defendant, order the prosecuting attorney to produce any statement, as defined in § 23A-13-10 , of the witness in the possession of the prosecuting attorney w…
SDCL § 23A-13-8 Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant
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If the prosecuting attorney claims that any statement ordered to be produced under §§ 23A-13-6 to 23A-13-10 , inclusive, contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the prosecuting attorney to deliver such sta…
SDCL § 23A-13-9 Testimony stricken when prosecution elects not to produce prior statement--Mistrial
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If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the…