South Dakota Codified Laws
Chapter 05 - (Rule 6) The Grand Jury
Section 23A-5-6 - (Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings.

23A-5-6.(Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings.
The court shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman shall have power to administer oaths and affirmations and shall sign all indictments. During the absence of the foreman, the deputy foreman shall act as foreman and shall have the same powers and duties as the foreman.
The grand jury must appoint one of its members as clerk, who must preserve minutes of its proceedings and of the evidence given before it. The clerk shall keep a record of the number of the jurors concurring in the finding of every indictment, but not the votes of the individual members, and shall file the record with the clerk of the court, but the record shall not be made public except on the order of the court.

Source: SDC 1939 & Supp 1960, §§34.1210, 34.1213, 34.1224, 34.1233; SL 1967, ch 144; SDCL, §§23-29-9, 23-29-13, 23-30-9, 23-31-6; SL 1978, ch 178, §48.

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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.