23A-20-6. Prospective jurors--Examination.
The defense attorney or the defendant, if appearing pro se, and the prosecuting attorney shall conduct examination of prospective jurors. Prior to the examination the court may conduct a general examination of the prospective jurors. The court may in its discretion allow examination of one or more jurors apart from the other jurors. If approved by the court, prospective jurors may be examined on whether the presence of a certified therapeutic dog to assist a child witness or a witness having a developmental disability would create undue sympathy for the witness or in any way serve as a prejudice to the defendant.
For purposes of this section, the terms, certified therapeutic dog, child witness, and developmental disability, have the meanings provided in §23A-24-10.
Source: SL 1978, ch 178, §238; SL 2020, ch 102, § 4.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 20 - (Rule 24) The Trial Jury
Section 23A-20-1 - Jurors summoned for civil actions used for criminal trials.
Section 23A-20-2 - Alternative methods of selecting jurors.
Section 23A-20-3 - Call of jurors equal to number required including challenges.
Section 23A-20-4 - Formation of trial jury as in civil actions.
Section 23A-20-6 - Prospective jurors--Examination.
Section 23A-20-7 - Oath of panel members.
Section 23A-20-7.1 - Affirmation permitted in lieu of oath.
Section 23A-20-9 - Kinds of challenge for cause--Taken by either party.
Section 23A-20-10 - Order of taking challenges for cause.
Section 23A-20-13.1 - Challenges for cause in criminal cases.
Section 23A-20-14 - Entry in minutes of challenge to individual juror.
Section 23A-20-15 - Objections to challenge of jurors--Denial of facts.
Section 23A-20-16 - Trial by court of challenges.
Section 23A-20-17 - Examination as witness of challenged juror--Evidence received.
Section 23A-20-18 - Allowance or disallowance of challenge to individual juror.
Section 23A-20-19 - Peremptory challenge defined--Either party.
Section 23A-20-20 - (Rule 24(b)) Number of peremptory challenges allowed.
Section 23A-20-21 - Additional challenges granted by court.
Section 23A-20-22 - Challenges allowed when more than one defendant.
Section 23A-20-23 - Time of motion for additional challenges.
Section 23A-20-24 - Alternative methods of exercising peremptory challenges.
Section 23A-20-25 - Alternating peremptory challenges.
Section 23A-20-26 - Peremptory challenges exercised as in civil trials.
Section 23A-20-28.1 - Additional methods of choosing alternate jurors.
Section 23A-20-29 - Grounds for excuse of juror during trial.