South Dakota Codified Laws
Chapter 12 - (Rule 15) Depositions
Section 23A-12-4 - (Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness.

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

Source: SL 1978, ch 178, §134.

<< Previous

Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 12 - (Rule 15) Depositions

Section 23A-12-1 - (Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail.

Section 23A-12-2 - (Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend.

Section 23A-12-3 - (Rule 15(c)) Governmental payment of defendant's expenses for deposition.

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

Section 23A-12-5 - Sealing and endorsement of deposition--Transmittal to court.

Section 23A-12-6 - (Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used.