23A-5-1.(Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors.
The circuit court shall order one or more grand juries to be summoned only when it appears to the circuit judge's satisfaction that a grand jury is necessary or desirable for the investigation of public offenses or misconduct in office. A grand jury shall consist of not less than six nor more than ten members. The court shall direct that a sufficient number of legally qualified persons be summoned to meet this requirement.
Source: SDC 1939, §34.1201; SL 1959, ch 233; SDCL, §23-29-1; SL 1978, ch 178, §44; SL 1979, ch 159, §4; SL 1994, ch 176.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 05 - (Rule 6) The Grand Jury
Section 23A-5-2 - New grand jury ordered after discharge of original jury--Other causes.
Section 23A-5-4 - Summons of new jurors after challenge--Oath of jurors chosen for particular case.
Section 23A-5-5 - (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.
Section 23A-5-7 - Oath of grand jurors.
Section 23A-5-8 - Charge to grand jury by court--Commencement of inquiries.
Section 23A-5-9 - General powers of grand jury--Access to prisons and records.
Section 23A-5-10 - Advice sought from court or prosecuting attorney.
Section 23A-5-11.1 - Recording of testimony of witness before grand jury.
Section 23A-5-12 - Testimony before grand jury by subject of investigation--Waiver of immunity.
Section 23A-5-13 - Notice of rights to subject appearing before grand jury.
Section 23A-5-14 - Removal and replacement of attorney for witness appearing before grand jury.
Section 23A-5-15 - Evidence heard by grand jury--Order for production of evidence.
Section 23A-5-17 - Disclosure by prosecuting attorney of evidence received by grand jury.
Section 23A-5-19 - Report filed when indictment not issued.
Section 23A-5-20 - (Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors.