South Dakota Codified Laws
Chapter 05 - (Rule 6) The Grand Jury
Section 23A-5-8 - Charge to grand jury by court--Commencement of inquiries.

23A-5-8. Charge to grand jury by court--Commencement of inquiries.
After the grand jury is impaneled and sworn, it must be charged by the court. In doing so, the court shall give the members such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. The grand jury must then retire to a private room and inquire into the offenses cognizable by it.

Source: SDC 1939 & Supp 1960, §34.1212; SDCL, §23-29-12; SL 1978, ch 178, §50.

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.