23A-5-7. Oath of grand jurors.
The following oath shall be administered to the foreperson of the grand jury: Do you, as foreperson of the grand jury, swear or affirm that you will diligently inquire into and make indictments of all public offenses against the state about which you have or can obtain evidence and which were committed or are triable in this county; that you will keep confidential the deliberations, remarks and actions of the jury, the testimony of the witnesses, and the manner in which any member of the jury voted on any matter; that you will not act against any person because of malice, hatred or ill-will or fail to act on a charge because of fear, favor, affection, or anticipation of reward; and that in all of your indictments you will present only the truth to the best of your skill, knowledge and understanding, so help you God? The following oath shall be immediately administered to the other grand jurors: Having heard the oath taken by the foreperson, do you, and each of you, swear or affirm that you will act in accordance with the obligations of that oath in your role as a member of the grand jury, so help you God?
Source: SDC 1939 & Supp 1960, §§34.1210, 34.1211; SDCL §§23-29-10, 23-29-11; SL 1978, ch 178, §49; SL 2007, ch 131, §3.
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.