23A-14-11. John Doe subpoena for examination before magistrate--Compelling obedience.
Whenever a complaint verified positively or upon information and belief by a prosecuting attorney is laid before a committing magistrate that a criminal offense has been committed in this state and asking for an investigation of the same, such magistrate shall issue his subpoena requiring any person he may deem proper to attend before him at the time and place mentioned in such subpoena and submit to an examination and give testimony concerning any violation of law about which he may be questioned. No witness shall refuse to comply with such subpoena because his fee therefor has not been paid in advance and his attendance may be compelled by attachment as in the case of other witnesses.
Source: SDC 1939 & Supp 1960, §34.0901; SDCL, §23-20-10; SL 1978, ch 178, §483.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses
Section 23A-14-2 - Attorneys' subpoena for witnesses within state.
Section 23A-14-3 - (Rule 17(b)) Subpoenas for indigent defendant--Payment of costs.
Section 23A-14-6 - (Rule 17(d)) Service of subpoena--Tender of fees and mileage.
Section 23A-14-7 - (Rule 17(e)(1)) Place of service of subpoena.
Section 23A-14-9 - (Rule 17(f)(1)) Authority for subpoena for deposition.
Section 23A-14-10 - (Rule 17(f)(2)) Place attendance required for deposition.
Section 23A-14-11 - John Doe subpoena for examination before magistrate--Compelling obedience.
Section 23A-14-12 - Advice as to rights given to John Doe witness--Immunity provisions applicable.
Section 23A-14-13 - Record of John Doe testimony--Warrant for arrest of offender.
Section 23A-14-14 - Interstate summons of witnesses--Definition of terms.
Section 23A-14-17 - Placement of witness in custody of officer from other state.
Section 23A-14-20 - Fees tendered to witness summoned from another state.
Section 23A-14-21 - Duration of stay required of witness summoned from another state.
Section 23A-14-22 - Immunity from process of witness summoned from another state.
Section 23A-14-23 - Immunity from process of witness passing through under interstate summons.
Section 23A-14-24 - Punishment for contempt by witness summoned from another state.
Section 23A-14-25 - (Rule 17(g)) Disobedience of subpoena as contempt of court.
Section 23A-14-26 - Motions relating to subpoena--Hearing.
Section 23A-14-27 - Stay of subpoena until ruling on motion.