23A-5-2. New grand jury ordered after discharge of original jury--Other causes.
If a grand jury is discharged by an allowance of a challenge to the panel, or if an offense is committed during the sitting of the court after the discharge of a grand jury, or if after such discharge a new indictment becomes requisite by reason of an arrest of judgment or by the setting aside of an indictment, or if for any other good and sufficient cause another grand jury may become necessary, a court may in its discretion order that another grand jury be summoned, and the court may to that end make an order to summon another grand jury according to the provisions of chapter 16-13.
Source: CCrimP 1877, §175; CL 1887, §7202; RCCrimP 1903, §174; RC 1919, §4668; SDC 1939 & Supp 1960, §34.1202; SDCL, §23-29-15; SL 1978, ch 178, §44.
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.