South Dakota Codified Laws
Chapter 17 - Transfer Of Proceedings From County
Section 23A-17-5 - (Rule 21(a)) Change of county when fair trial impossible in original county.

23A-17-5.(Rule 21(a)) Change of county when fair trial impossible in original county.
A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county.

Source: SDC 1939 & Supp 1960, §34.0817; SDCL, §23-28-7; SL 1978, ch 178, §225.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 17 - Transfer Of Proceedings From County

Section 23A-17-1 - (Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where arrested or held--Approval by prosecuting attorneys--Transmittal of papers.

Section 23A-17-3 - (Rule 20(c)) Return of papers to original county when defendant pleads not guilty.

Section 23A-17-5 - (Rule 21(a)) Change of county when fair trial impossible in original county.

Section 23A-17-6 - (Rule 21(b)) Change of county for convenience on consent of parties.

Section 23A-17-7 - (Rule 21(c)) Transmittal of papers on change of counties.

Section 23A-17-8 - (Rule 22) Time for motion to transfer.