South Dakota Codified Laws
Chapter 13 - (Rule 16) Discovery
Section 23A-13-9 - Testimony stricken when prosecution elects not to produce prior statement--Mistrial.

23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial.
If the prosecuting attorney elects not to comply with an order of the court under §§23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Source: SL 1978, ch 178, §148-A.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 13 - (Rule 16) Discovery

Section 23A-13-1 - (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants.

Section 23A-13-2 - (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request.

Section 23A-13-3 - (Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence.

Section 23A-13-4 - (Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests.

Section 23A-13-5 - Work product protected from discovery by defendant.

Section 23A-13-6 - Statement by witness not discoverable until testimony in preliminary hearing or trial.

Section 23A-13-7 - Prior statements of prosecution witnesses subject to discovery after direct examination.

Section 23A-13-8 - Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant.

Section 23A-13-9 - Testimony stricken when prosecution elects not to produce prior statement--Mistrial.

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-13-12 - (Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution.

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-13-15 - (Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery.

Section 23A-13-16 - (Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record.

Section 23A-13-17 - (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection.

Section 23A-13-18 - (Rule 16(e)) Discovery of alibi witnesses.