Title 23A — CRIMINAL PROCEDURE

Source: SL 1978, ch 178 , § 257; Supreme Court Rule 97-40.

(15) The prospective juror is a party adverse to the defendant in a civil action, or has complained against or been accused by the defendant in a criminal action. (16) The prospective juror served on a grand jury that found the indictment, or on a coroner's jury that inquired int…

Jurors drawn and summoned for the trial of civil actions are also the jurors for the trial of criminal actions. Source: SDC 1939 & Supp 1960, § 34.3604; SDCL, § 23-43-1; SL 1978, ch 178 , § 233.

All challenges for cause to an individual juror must be taken, first by the defendant and then by the state, and each party must exhaust all his challenges for cause before the other begins. If new jurors are called to the panel to replace jurors dismissed for cause, the procedur…

Challenges for cause may be taken on any of the following grounds: (1) The prospective juror does not meet one of the qualifications required by § 16-13-10 or is disqualified under that section. (2) The prospective juror is related by consanguinity or affinity within the sixth de…

A challenge to an individual juror may be oral, but must be entered upon the minutes of the court. Source: SDC 1939 & Supp 1960, § 34.3620; SDCL, § 23-43-36; SL 1978, ch 178 , § 240.

An adverse party or counsel may object to a challenge in the manner specified in §§ 23A-19-6 to 23A-19-9 , inclusive, and the same proceedings must be had thereon, except that if an objection is allowed the juror must be excluded. An adverse party may also orally deny facts alleg…

All challenges, whether to a panel or to an individual juror, shall be tried by the court. Source: Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, § 34.3621; SDCL, § 23-43-37; SL 1978, ch 178 , § 247.

When a challenge to an individual juror is tried, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein. Other witnesses may also be examined on either side, and the rules of ev…

When a challenge to an individual juror is tried, the court must either allow or disallow the challenge and direct an entry accordingly upon the minutes. Source: Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, § 34.3621; SDCL, § 23-43-39; SL 1978, ch 178 , § 249.

A peremptory challenge is an objection to a juror for which no reason need be given. It can be taken by either party and may be oral. A court must exclude a juror on a peremptory challenge. Source: SDC 1939 & Supp 1960, § 34.3615; SDCL, § 23-43-27; SL 1978, ch 178 , § 250.

When prospective jurors are called for examination, the court shall allow selection by either § 23A-20-3 or

If an offense charged is a Class A, Class B, Class C, or Class 1 felony, the prosecution and the defense each have twenty peremptory challenges. In all other felony cases, the prosecution and the defense each have ten peremptory challenges. In misdemeanor cases, the prosecution a…

For good cause shown, a court may grant such additional challenges as it, in its discretion, believes necessary and proper. Source: SL 1978, ch 178 , § 252.

If there is more than one defendant a court may, upon good cause shown, allow the parties additional challenges and permit them to be exercised separately or jointly, as it, in its discretion, believes necessary and proper. Source: SL 1978, ch 178 , § 253.

A motion made pursuant to § 23A-20-21 or 23A-20-22 must be made at least one week in advance of the first scheduled trial date or within such other time as may be provided by the rules of the circuit court. Source: SL 1978, ch 178 , § 254.

If prospective jurors are called for examination pursuant to § 23A-20-3 , the manner of exercising a peremptory challenge shall be as found in §

Following examination of the jurors called for examination pursuant to § 23A-20-3 , the parties, commencing with the prosecuting attorney, shall alternately exercise their peremptory challenges on the clerk's list. A peremptory challenge may not be waived. Source: CCrimP 1877, § …

When prospective jurors are called for examination pursuant to § 23A-20-4 , peremptory challenges shall be exercised in the same manner prescribed in §

The persons remaining after both parties have exercised their peremptory challenges constitute the jurors for the trial. The jurors remaining who were last called under § 23A-20-3 , 23A-20-4 , or 23A-20-8 to make up the full jury box shall be the alternate jurors. Source: SL 1978…

A court may direct that not more than six jurors in addition to the regular jury members be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they were called, shall replace jurors who, prior to the time the jury retires to consider its verd…

In addition to the method of choosing or seating an alternate juror provided by §§ 23A-20-27 and 23A-20-28 , the judge may choose the alternate jurors by lot, or by such other means as the parties agree on the record. Source: Supreme Court Rule 1997-38.

If, before the jury retires, a juror or alternate or a member of his immediate family dies, or if he or a member of his immediate family becomes ill, or upon other good cause shown to the court, the court may order him discharged. Source: SDC 1939 & Supp 1960, § 34.3607; SL 1963,…

When prospective jurors are called for examination, the court shall call to the jury box a number of prospective jurors equal to the number of jurors to be impaneled, the number of peremptory challenges allowed the parties, and number of alternates, if any. Source: SL 1978, ch 17…

The degree of kindred is established by the number of generations, and each generation is called a degree. The series of degrees form the line; the series of degrees between persons who descend from one another is called direct or lineal consanguinity; and the series of degrees b…

Trial juries for criminal actions may be formed in the same manner as trial juries in §

The defense attorney or the defendant, if appearing pro se, and the prosecuting attorney shall conduct examination of prospective jurors. Prior to the examination the court may conduct a general examination of the prospective jurors. The court may in its discretion allow examinat…

All members of the panel shall swear or affirm that they will answer truthfully all questions concerning their qualifications by taking the following oath. Do you swear or affirm that you will truthfully answer all questions asked of you by the court or counsel concerning your qu…

Any person required to take an oath pursuant to §§ 15-14-11 , 23A-5-7 , 23A-20-7 , and 23A-25-5.1 , who, having conscientious scruples against oath-taking, shall be allowed to make affirmation. Such person may also substitute the words, "under pains and penalties of perjury," for…

At any time that cause for disqualifying a juror appears, the court shall excuse him and call another member of the panel to take his place in the jury box and on the clerk's list of jurors. Challenges for cause may be made out of hearing of the jurors, but shall be made on the r…

A challenge for cause is an objection to a particular juror. It may be taken either by the state or a defendant. Source: SDC 1939 & Supp 1960, § 34.3617; SDCL, § 23-43-29; SL 1978, ch 178 , § 242; SL 1999, ch 282 .