South Dakota Codified Laws
Chapter 05 - (Rule 6) The Grand Jury
Section 23A-5-10 - Advice sought from court or prosecuting attorney.

23A-5-10. Advice sought from court or prosecuting attorney.
The grand jury may at all reasonable times ask the advice of the court or of the prosecuting attorney.

Source: SDC 1939 & Supp 1960, §34.1222; SDCL, §23-30-7; SL 1972, ch 147, §1; SL 1978, ch 178, §51.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 05 - (Rule 6) The Grand Jury

Section 23A-5-1 - (Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors.

Section 23A-5-2 - New grand jury ordered after discharge of original jury--Other causes.

Section 23A-5-3 - (Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.

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-5-6 - (Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings.

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 - (Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other persons--Counsel advising witnesses.

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-5-16 - (Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments.

Section 23A-5-17 - Disclosure by prosecuting attorney of evidence received by grand jury.

Section 23A-5-18 - (Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named on indictment--Dismissal of charge on failure to indict.

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.