19-5-13. Application for discharge of imprisoned witness.
A witness imprisoned pursuant to §19-5-12 by an officer before whom his deposition is being taken may apply to a judge of the circuit court, who shall have the power to discharge him, if it appear that his imprisonment is illegal.
Source: CCivP 1877, §456; CL 1887, §5270; RCCivP 1903, §496; RC 1919, §2743; SDC 1939 & Supp 1960, §36.0306.
Structure South Dakota Codified Laws
Chapter 05 - Subpoena And Attendance Of Witnesses
Section 19-5-1 - Fees and mileage payments of witnesses.
Section 19-5-4 - Requiring attendance of witness for deposition to be used in another jurisdiction.
Section 19-5-5 - Prisoner produced for oral examination in county.
Section 19-5-7 - Disobedience of subpoena or refusal to testify as contempt.
Section 19-5-8 - Attachment issued on disobedience of subpoena by witness.
Section 19-5-10 - Amount of undertaking for appearance by witness endorsed on attachment.
Section 19-5-11 - Show cause order when witness not personally served.
Section 19-5-12 - Punishment for contempt by witness.
Section 19-5-13 - Application for discharge of imprisoned witness.
Section 19-5-14 - Civil liability of witness for failure to attend or give testimony.
Section 19-5-16 - Fraud or deceit to affect testimony of witness as misdemeanor.