15-14-26. Polling of jury--Dissenting votes.
If neither party requires the jury to be polled the verdict is complete and the jury discharged from the case. Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is his verdict. If more than two answer in the negative, except in the cases provided for in §15-14-27, the jury must again be sent out.
Source: SDC 1939 & Supp 1960, §33.1333.
Structure South Dakota Codified Laws
Chapter 14 - Conduct Of Jury Trials
Section 15-14-1 - Order of proceedings at trial.
Section 15-14-2 - Order of presentation of evidence and argument by different counsel.
Section 15-14-3 - Names of jurors deposited in suitable container.
Section 15-14-4 - Procedure for challenging jury panel.
Section 15-14-5 - Drawing of names from container.
Section 15-14-6.1 - Challenges for cause in a civil case.
Section 15-14-8 - Challenges when several parties on one side.
Section 15-14-9 - Trial of jury challenges for cause--Witnesses.
Section 15-14-10 - Procedure for peremptory challenges--Replacement of jurors challenged.
Section 15-14-10.1 - Choosing alternate jurors.
Section 15-14-10.2 - Number of prospective jurors.
Section 15-14-10.3 - Selection of prospective jurors.
Section 15-14-10.4 - Determining manner of exercising peremptory challenge.
Section 15-14-10.5 - Exercise of peremptory challenge.
Section 15-14-11 - Oath of jurors--Affirmation.
Section 15-14-12 - Admonitions by court on separation of jury.
Section 15-14-13 - Discharge of juror unable to proceed with trial--Proceedings after discharge.
Section 15-14-14 - Stenographic report of opening statements not required.
Section 15-14-15 - One counsel on each side to examine witness.
Section 15-14-16 - View of premises by jury.
Section 15-14-17 - Number of counsel and time allowed for argument to jury.
Section 15-14-18 - Scope of argument to jury--Argument on law.
Section 15-14-19 - Retirement of jury for deliberation.
Section 15-14-20 - Papers, exhibits, and notes taken into jury room.
Section 15-14-21 - Communications to and from jury during deliberations.
Section 15-14-23 - Verdict to include value and damages in action for recovery of personal property.
Section 15-14-24 - Sealed verdict directed on agreement during adjournment.
Section 15-14-25 - Receipt from jury and reading of verdict--Inquiry--Number of votes required.
Section 15-14-26 - Polling of jury--Dissenting votes.
Section 15-14-27 - Actions in which five-sixths vote by jury sufficient.
Section 15-14-29 - Polling of jury when five-sixths vote sufficient--Dissenting votes.
Section 15-14-30 - Correction of irregularities in verdict.
Section 15-14-31 - Minute entry on receipt of verdict--Contents.
Section 15-14-32 - Jury discharged by final adjournment for term.