Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-19-1 Panel defined
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A panel is a list of jurors drawn pursuant to chapter 16-13 to serve at a particular court or for the trial of a particular action. Source: SDC 1939 & Supp 1960, § 34.3610; SDCL, § 23-43-9; SL 1978, ch 178 , § 262.
SDCL § 23A-19-10 Calling of jurors' names when case ready for trial--Attachment for absent jurors
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When a case is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and the court in its discretion may order that an attachment issue against those who are absent; but the court may, in its discretion, wai…
SDCL § 23A-19-11 Drawing of names of jurors
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At the opening of court the clerk shall randomly draw the names of the persons summoned as jurors by an electronic process or prepare separate ballots, containing the names of the persons summoned as jurors and deposit the ballots in a suitable container. If an electronic process…
SDCL § 23A-19-12 SDCL 23A-19-12
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Repealed by SL 2003, ch 115 , § 4
SDCL § 23A-19-2 Challenge to panel defined
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A challenge to a panel is an objection made to all the trial jurors drawn, and may be taken by either party. Source: SDC 1939 & Supp 1960, § 34.3610; SDCL, § 23-43-10; SL 1978, ch 178 , § 263.
SDCL § 23A-19-3 Grounds for challenge to panel--Bias of officer summoning additional jurors
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A challenge to a panel may only be based on a material departure from the procedure prescribed by law for the drawing and return of the jury, or on the intentional omission of the board of jury selectors or sheriff to summon one or more of the jurors drawn. However, if the panel …
SDCL § 23A-19-4 Time for challenge to panel--Ground stated
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A challenge to a panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge. Source: SDC 1939 & Supp 1960, § 34.3611; SDCL, § 23-43-12; SL 1978, ch 178 , § 265.
SDCL § 23A-19-5 Challenge to panel when several defendants tried together
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When several defendants are tried together, any individual defendant may challenge the panel, but if more than one defendant challenges the panel, the challenges must be tried together. Source: SDC 1939 & Supp 1960, § 34.3611; SDCL, § 23-43-13; SL 1978, ch 178 , § 266.
SDCL § 23A-19-6 Objection to challenge--Entry and trial
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An objection to a challenge need not be in writing, but must be entered upon the court minutes and thereupon the court must try the challenge. Source: SDC 1939 & Supp 1960, § 34.3613; SDCL, § 23-43-15; SL 1978, ch 178 , § 267.
SDCL § 23A-19-7 Trial of sufficiency of challenge--Trial of fact issues
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A court must first try the sufficiency of a challenge, assuming the facts alleged therein to be true. If the court determines that the facts alleged, if true, constitute sufficient grounds for challenge to the panel, the objecting party may then deny the facts alleged in the chal…
SDCL § 23A-19-8 Examination of officers on trial of challenge to panel
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Upon the trial of a challenge to the panel, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge. Source: SDC 1939 & Supp 1960, § 34.…
SDCL § 23A-19-9 New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed
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If a challenge to a panel is allowed, the judge shall order a jury to be drawn and summoned in the regular manner. If it is disallowed, the court must direct the jury to be impaneled. Source: SDC 1939 & Supp 1960, § 34.3614; SDCL, § 23-43-19; SL 1978, ch 178 , § 270.