Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-14-10 (Rule 17(f)(2)) Place attendance required for deposition
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The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties. Source: SL 1978, ch 178 , § 185.
SDCL § 23A-14-11 John Doe subpoena for examination before magistrate--Compelling obedience
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Whenever a complaint verified positively or upon information and belief by a prosecuting attorney is laid before a committing magistrate that a criminal offense has been committed in this state and asking for an investigation of the same, such magistrate shall issue his subpoena …
SDCL § 23A-14-12 Advice as to rights given to John Doe witness--Immunity provisions applicable
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Any witness examined under § 23A-14-11 shall be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. The provisions of § 23A-14-29 relating to immunity shall apply to proceedings held pursuant to §
SDCL § 23A-14-13 Record of John Doe testimony--Warrant for arrest of offender
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The testimony of a witness attending pursuant to § 23A-14-11 shall be reduced to writing by the committing magistrate or some person under his direction. If the offense complained of appears to have been committed, a warrant for the arrest of the offender shall be issued and furt…
SDCL § 23A-14-14 Interstate summons of witnesses--Definition of terms
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Terms used in §§ 23A-14-14 to 23A-14-24 , inclusive, mean: (1) "Witness," a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding; (2) "State," any state or territory of the United States and the D…
SDCL § 23A-14-15 Hearing on certification from another state as to witness required from this state
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If a judge of a court of record in any state which by its laws has made provisions commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in that court, or that a grand jury inv…
SDCL § 23A-14-16 Summons to appear in another state issued after hearing--Protection accorded witness
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If a hearing is ordered pursuant to § 23A-14-15 and a judge determines that a witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and tha…
SDCL § 23A-14-17 Placement of witness in custody of officer from other state
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If the certificate described in § 23A-14-16 recommends that a witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge to whom the certificate is presented may, in lieu of notification …
SDCL § 23A-14-18 Punishment for contempt by witnesses summoned for appearance in another state--Fees to which entitled
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A witness, who has been summoned pursuant to §§ 23A-14-15 to 23A-14-17 , inclusive, who has been paid or offered, by a properly authorized person, twenty - one cents for each mile by the ordinarily traveled route to and from the court where the prosecution is pending, twenty doll…
SDCL § 23A-14-19 Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody
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A circuit judge or a magistrate judge may issue a certificate under the seal of his court stating that a person in another state is a material witness in a prosecution pending in a court presided over by a circuit court judge or magistrate judge or in a grand jury investigation w…
SDCL § 23A-14-2 Attorneys' subpoena for witnesses within state
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A prosecuting attorney may issue subpoenas, subscribed by him, for witnesses within the state, in support of a prosecution, or for such witnesses as a grand jury may direct. An attorney for a defendant may issue subpoenas subscribed by him for witnesses the defendant may require.…
SDCL § 23A-14-20 Fees tendered to witness summoned from another state
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If the witness described in § 23A-14-19 is summoned to attend and testify in this state, he shall be offered twenty - one cents for each mile by the ordinarily traveled route to and from the court where the prosecution is pending, twenty dollars for each day that he is required t…
SDCL § 23A-14-21 Duration of stay required of witness summoned from another state
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A witness who has appeared in accordance with the provisions of the summons shall not be required to remain in this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by a court. Source: SL 1933, ch 205 , § 2; SL 1937, ch 259 …
SDCL § 23A-14-22 Immunity from process of witness summoned from another state
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If a witness comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of civil or criminal process in connection with matters which arose before …
SDCL § 23A-14-23 Immunity from process of witness passing through under interstate summons
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If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of civil or criminal process in conn…
SDCL § 23A-14-24 Punishment for contempt by witness summoned from another state
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If a witness described in § 23A-14-19 comes into this state and fails without good cause to attend and testify as directed in his summons, he shall be punished in the manner provided by § 23A-38-1 or
SDCL § 23A-14-25 (Rule 17(g)) Disobedience of subpoena as contempt of court
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Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued. Source: SDC 1939 & Supp 1960, § 34.2405; SDCL, § 23-40-10; SL 1978, ch 178 , § 203.
SDCL § 23A-14-26 Motions relating to subpoena--Hearing
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A motion relating to a subpoena may be made at any time prior to, during, or when appropriate, subsequent to the appearance of any witness before he testifies. Such motions shall be heard in chambers and on the record. Source: SL 1978, ch 178 , § 200.
SDCL § 23A-14-27 Stay of subpoena until ruling on motion
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If a motion is made under § 23A-14-26 before the day on which the person subpoenaed has been ordered to appear, or books, records, or documents have been ordered to be produced, the appearance of such person, or the production of such documents, shall upon appropriate order, be s…
SDCL § 23A-14-28 Sanctions for oppressive subpoenas
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The court may impose appropriate sanctions including the quashing of a subpoena upon a showing by the subpoenaed person that: (1) If called for any purpose, compliance with the subpoena would be for punitive purposes; (2) If called before a grand jury, a primary purpose or effect…
SDCL § 23A-14-3 (Rule 17(b)) Subpoenas for indigent defendant--Payment of costs
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If a defendant has received court appointed counsel pursuant to chapter 23A-40 , the court shall order at any time that a subpoena be issued upon the application of the defendant to the court. The defendant must state that he is financially unable to pay the fees of the witness a…
SDCL § 23A-14-4 Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by clerk of court
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A committing magistrate before whom a complaint is laid shall, when requested, issue subpoenas, subscribed by him, for witnesses within the state, either on behalf of the state or the defendant. The clerk of the court at which an indictment or information is to be tried shall iss…
SDCL § 23A-14-5 (Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights
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A subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein. A court on motion made promptly may quash or modify a subpoena if compliance would be unreasonable or oppressive. A court may direct that books,…
SDCL § 23A-14-6 (Rule 17(d)) Service of subpoena--Tender of fees and mileage
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A subpoena may be served by a sheriff, by his deputy, or by any other person who is not a party and who is not less than eighteen years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one day's atten…
SDCL § 23A-14-7 (Rule 17(e)(1)) Place of service of subpoena
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A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state. Source: SL 1978, ch 178 , § 182.
SDCL § 23A-14-7.1 Expenses paid for out - of - county or indigent witness produced by state pursuant to subpoena or undertaking
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When a person attends before a magistrate, grand jury, or court, as a witness on behalf of the state, upon a subpoena or pursuant to an undertaking, and it appears that he has come from a place out of the county or that he is indigent, the court, if the attendance of a witness is…
SDCL § 23A-14-9 (Rule 17(f)(1)) Authority for subpoena for deposition
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An order to take a deposition authorizes the issuance by the clerk of the court for the circuit in which the deposition is to be taken of subpoenas for the persons named or described therein. Source: SL 1978, ch 178 , § 184.