Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-9-1 (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents
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Within the time specified in § 23A-8-4 for pretrial motions, upon written demand of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, a defendant shall serve within ten days, or at such different time as the court may direct, u…
SDCL § 23A-9-2 (Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense
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Within ten days thereafter, but in no event less than ten days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the state intends t…
SDCL § 23A-9-3 (Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi
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If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under § 23A-9-1 or 23A-9-2 , he shall promptly notify the other party or his attorney of the existence and identity of such additi…
SDCL § 23A-9-4 (Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify
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Upon the failure of either party to comply with the requirements of § 23A-9-1 , 23A-9-2 , or 23A-9-3 , the court shall exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from or presence at, the scene of the alleged offense. This …
SDCL § 23A-9-5 (Rule 12.1(e)) Exception granted to notice requirements
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For good cause shown, a court may grant an exception to any of the requirements of §§ 23A-9-1 to 23A-9-4 , inclusive. Source: SL 1978, ch 178 , § 121.
SDCL § 23A-9-6 (Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal
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Evidence of an intention to rely upon an alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention. Source: SL 1978, ch 178 , § 122.