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South Dakota statute

SDCL § 23A-12-4 — (Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 12: (Rule 15) Depositions, South Dakota Codified Laws.

Full text of SDCL § 23A-12-4

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-12-4Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Subject to such additional conditions as the court may provide, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in this title; provided that: (1) In no event shall a deposition be taken of a party defendant without his consent; and (2) The scope and manner of examination and cross-examination shall be such as would be allowed in the trial itself. The prosecuting attorney shall make available to the defendant or his counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the prosecuting attorney and to which the defendant would be entitled at the trial.

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This reference is informational and is not legal advice.