South Dakota statute
SDCL § 23A-39-3 — (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 39: (Rule 43) Presence Of The Defendant, South Dakota Codified Laws.
Full text of SDCL § 23A-39-3
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.
A defendant need not be present in the following situations:
(1) A corporation may appear by counsel for all purposes;
(2) In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or
(3) The defendant's presence is not required at any hearing to reduce a sentence pursuant to § 23A-31-1.
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