Title 23A — CRIMINAL PROCEDURE

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.…

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…

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 …

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 …

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…

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

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.

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.

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…

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…

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…

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…

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,…

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…

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.

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…

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.

Terms used in §§ 23A-14A-1 to 23A-14A-10 , inclusive, mean: (1) "Witness," a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by grand jury or in any criminal action before a cou…

Sections 23A-14A-1 to 23A-14A-10 , inclusive, may be cited as the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act. Source: SL 2002, ch 119 , § 10.

Any judge of a state court of record in another state, which by its laws has made provisions for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify: (1) That there is a criminal proceeding or investigation by a gra…

If at the hearing the judge determines: (1) That the witness may be material and necessary; (2) That the witness's attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness; (3) That the laws of the state in which the …

The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of the witness's testimony, proper safeguards on the witness's custody, and proper financial reimbursement or prepayment by the requesting jurisd…

Sections 23A-14A-1 to 23A-14A-10 , inclusive, do not apply to any person in this state confined as mentally ill or under sentence of death. Source: SL 2002, ch 119 , § 5.

If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a circuit court judge or magistrate may certify: (1) That there is a criminal proceeding or i…

The court may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined. Source: SL 2002, ch 119 , § 7.

If a witness from another state comes into or passes through this state under an order directing the witness to attend and testify in this or another state, the witness is not subject, while in this state pursuant to the order, to arrest or the service of process, civil or crimin…

The provisions of §§ 23A-14A-1 to 23A-14A-10 , inclusive, shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them. Source: SL 2002, ch 119 , § 9.

Any time after the filing of an indictment or information a court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. This section shall not be invoked in a case where a defendant…

At the conclusion of a conference the court shall prepare and file a memorandum of the matters agreed upon. Source: SL 1978, ch 178 , § 204.

No admissions made by a defendant or his attorney at a conference shall be used against him unless the admissions are reduced to writing and signed by the defendant and his attorney. Source: SL 1978, ch 178 , § 204.

Whenever any acts in violation of the penal laws of the United States committed by any person upon any Indian reservation within this state shall constitute a crime under any law of the State of South Dakota, concurrent jurisdiction is hereby expressly reserved to the State of So…

When an offense is committed in this state on a boundary water between this state and another state, the venue is in any county which bounds on the body of water. Upon a showing of good cause, the court in which such prosecution is commenced may order the case transferred to any …

The venue of a prosecution for murder or manslaughter, when the injury which caused the death was inflicted in one county and the person injured dies in another county or out of state, is in the county where the injury was inflicted. Source: SDC 1939 & Supp 1960, § 34.0809; SDCL,…

When property taken in one county by burglary or theft is brought into another, the venue of the offense is in either of the counties where the prosecution is first commenced. Source: SDC 1939 & Supp 1960, § 34.0806; SDCL, § 23-9-20; SL 1978, ch 178 , § 212.

When the sending of a letter is made a public offense by the statutes of this state, the venue of the offense is in any county where the letter is deposited or delivered or where it is received by the person to whom it is addressed. Source: SDC 1939, § 13.0107; SDCL, § 22-1-7 ; S…

Where the commission of a public offense involves the use of the mails, the venue of the offense is in any county where the letter is deposited or delivered, or where it is received by the person to whom it is addressed. Source: SL 1978, ch 178 , § 213-A.

The venue in the case of a principal in the commission of a public offense, who was not present at the commission of the offense, is in the same county in which it would be under this title if he had been present and aiding and abetting therein. Source: SDC 1939 & Supp 1960, § 34…

In the case of an accessory in the commission of a public offense as defined in § 22-3-5 , where the principal offense is committed in one county and the offense of the accessory is committed in another county, the venue is in either of the counties where the prosecution is first…

A county seat municipality which lies in more than one county is considered to be a district under the provisions of S.D. Const., Art. VI, § 7. Source: SL 1984, ch 51 .

Perjury may be prosecuted in the circuit court for either the county where the proceeding or action is venued or where the act of perjury was committed. Source: SL 2002, ch 113 , § 2.

When the commission of a public offense commenced outside this state is consummated within this state, the defendant may be punished in this state, even if he were out of the state at the time of the commission of the offense charged, if he consummated it in this state through th…

The accused has the right to a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed. Source: SDC 1939 & Supp 1960, § 34.2905 (5); SDCL, § 23-2-11; SL 1978, ch 178 , § 205. 23A-16-4. Reserved

All actions, special proceedings, motions, and applications of a criminal nature, arising under the laws of this state of which a circuit court has jurisdiction may be heard and determined at any place in the judicial circuit in which is situated the county where the same is brou…

When a person commences an offense outside this state and consummates it within this state, and this state has jurisdiction of the offense pursuant to § 23A-16-2 , the venue is in the county in which the offense is consummated. Source: SDC 1939 & Supp 1960, § 34.0801; SDCL, § 23-…

When a public offense is committed partly in one county and partly in another county, or the acts or effects thereof constituting or requisite to the offense occur in two or more counties, the venue is in either county. Source: SDC 1939 & Supp 1960, § 34.0804; SDCL, § 23-9-17; SL…

When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the venue is in either county. Source: SDC 1939 & Supp 1960, § 34.0804; SDCL, § 23-9-18; SL 1978, ch 178 , § 211.

A defendant arrested, held, or present in a county other than that in which the indictment, information, or complaint is pending against him may state in writing that he wishes to plead guilty or nolo contendere, to waive trial in the county in which the indictment, information, …

If, after the proceeding has been transferred pursuant to § 23A-17-1 , the defendant pleads not guilty, the clerk of the court or the court shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court…

A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any plac…

Upon the consent of both parties and for the convenience of parties and witnesses, and in the interest of justice, a court may transfer proceedings or any one or more of the counts thereof to another county. Source: SL 1978, ch 178 , § 226.