South Dakota Codified Laws
Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses
Section 23A-14-29 - Self-incriminating testimony required under promise of immunity--Restrictions on use of information.

23A-14-29. Self-incriminating testimony required under promise of immunity--Restrictions on use of information.
No witness may be excused on the basis of his privilege against self-incrimination from testifying or providing other information in a proceeding before a court, grand jury, administrative agency, or legislative committee of this state for a civil, criminal, or administrative action whenever the prosecuting attorney or attorney general has granted the witness immunity pursuant to this section or whenever the magistrate or circuit court judge presiding over the proceeding has ordered such testimony. No testimony or other information compelled under an order or a grant of immunity, or any information directly or indirectly derived from such testimony, may be used against the witness in any criminal proceeding, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

Source: SDC 1939 & Supp 1960, §34.2406; SDCL, §23-40-12; SL 1978, ch 178, §481; SL 1985, ch 196, §1.

Structure South Dakota Codified Laws

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-14-4 - Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by clerk of court.

Section 23A-14-5 - (Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights.

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-14-7.1 - Expenses paid for out-of-county or indigent witness produced by state pursuant to subpoena or undertaking.

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-14-15 - Hearing on certification from another state as to witness required from this state.

Section 23A-14-16 - Summons to appear in another state issued after hearing--Protection accorded witness.

Section 23A-14-17 - Placement of witness in custody of officer from other state.

Section 23A-14-18 - Punishment for contempt by witnesses summoned for appearance in another state--Fees to which entitled.

Section 23A-14-19 - Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody.

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.

Section 23A-14-28 - Sanctions for oppressive subpoenas.

Section 23A-14-29 - Self-incriminating testimony required under promise of immunity--Restrictions on use of information.