23A-14-19. Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody.
A circuit judge or a magistrate judge may issue a certificate under the seal of his court stating that a person in another state is a material witness in a prosecution pending in a court presided over by a circuit court judge or magistrate judge or in a grand jury investigation which has commenced or is about to commence in this state, if that state has made provisions in its laws for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the jurisdiction in which the witness is found.
Source: SDC 1939 & Supp 1960, §34.2503; SDCL, §23-40-19; SL 1978, ch 178, §191.
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.