23A-13-10. Kinds of prior statements subject to discovery by defendant.
The term "statement" as used in §§23A-13-7 to 23A-13-9, inclusive, in relation to any witness called by the prosecuting attorney, means:
(1)A written statement made by such witness and signed or otherwise adopted or approved by him;
(2)A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by such witness and recorded contemporaneously with the making of such oral statement;
(3)A statement, however taken or recorded, or a transcription thereof, if any, made by such witness to a grand jury;
(4)A summary of an oral declaration made by someone other than the witness that has been reduced to writing, except for a summary written by a prosecuting attorney.
Source: SL 1978, ch 178, §148-B; SL 1979, ch 159, §10B; SL 2018, ch 290 (Supreme Court Rule 17-11), eff. Sept. 1, 2017.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 13 - (Rule 16) Discovery
Section 23A-13-5 - Work product protected from discovery by defendant.
Section 23A-13-10 - Kinds of prior statements subject to discovery by defendant.
Section 23A-13-11 - (Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.
Section 23A-13-13 - Results of examinations and scientific tests discoverable by prosecution.
Section 23A-13-14 - (Rule 16(b)(2)) Defense work product protected from discovery.
Section 23A-13-18 - (Rule 16(e)) Discovery of alibi witnesses.