South Dakota criminal code — chapter
Chapter 5: (Rule 6) The Grand Jury
Chapter 5 of Title 23A: Criminal Procedure, South Dakota Codified Laws. Statutory text on each section page is current through the legislative session it names.
Sections of Chapter 5
- SDCL § 23A-5-1 — (Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors
- SDCL § 23A-5-2 — New grand jury ordered after discharge of original jury--Other causes
- SDCL § 23A-5-3 — (Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge
- SDCL § 23A-5-4 — Summons of new jurors after challenge--Oath of jurors chosen for particular case
- SDCL § 23A-5-5 — (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified
- SDCL § 23A-5-6 — (Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings
- SDCL § 23A-5-7 — Oath of grand jurors
- SDCL § 23A-5-8 — Charge to grand jury by court--Commencement of inquiries
- SDCL § 23A-5-9 — General powers of grand jury--Access to prisons and records
- SDCL § 23A-5-10 — Advice sought from court or prosecuting attorney
- SDCL § 23A-5-11 — (Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other persons--Counsel advising witnesses
- SDCL § 23A-5-11.1 — Recording of testimony of witness before grand jury
- SDCL § 23A-5-12 — Testimony before grand jury by subject of investigation--Waiver of immunity
- SDCL § 23A-5-13 — Notice of rights to subject appearing before grand jury
- SDCL § 23A-5-14 — Removal and replacement of attorney for witness appearing before grand jury
- SDCL § 23A-5-15 — Evidence heard by grand jury--Order for production of evidence
- SDCL § 23A-5-16 — (Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments
- SDCL § 23A-5-17 — Disclosure by prosecuting attorney of evidence received by grand jury
- SDCL § 23A-5-18 — (Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named on indictment--Dismissal of charge on failure to indict
- SDCL § 23A-5-19 — Report filed when indictment not issued
- SDCL § 23A-5-20 — (Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors
This reference is informational and is not legal advice.