33-10-292. Parties.
Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
Source: SL 2012, ch 175, §273.
Structure South Dakota Codified Laws
Chapter 10 - Uniform State Code Of Military Justice
Section 33-10-20 - Definitions.
Section 33-10-21 - Persons subject to this code.
Section 33-10-22 - Subject matter jurisdiction--Primary jurisdiction.
Section 33-10-23 - Jurisdiction over persons charged with fraudulent discharge.
Section 33-10-24 - Jurisdiction over deserters.
Section 33-10-26 - Extraterritorial jurisdiction.
Section 33-10-27 - Judge advocate supervision.
Section 33-10-28 - Communication with judge advocates.
Section 33-10-29 - Judge advocate to reviewing authority.
Section 33-10-30 - Apprehension defined.
Section 33-10-31 - Persons authorized to apprehend upon probable cause.
Section 33-10-32 - Quelling of or apprehension for quarrels, frays, and disorders.
Section 33-10-33 - Extradition.
Section 33-10-34 - Fees for apprehension.
Section 33-10-35 - Arrest and confinement defined.
Section 33-10-36 - Arrest or confinement of enlisted member.
Section 33-10-37 - Arrest or confinement of commissioned officer, warrant officer, or civilian.
Section 33-10-38 - Probable cause to arrest or confine.
Section 33-10-39 - Custody before notification of proper authority.
Section 33-10-40 - Notice of offense--Diligent steps for trial or dismissal.
Section 33-10-41 - Place of confinement.
Section 33-10-42 - Receiving of prisoners.
Section 33-10-43 - Reports of prisoners.
Section 33-10-44 - Confinement with enemy prisoners prohibited.
Section 33-10-45 - Punishment prohibited before trial.
Section 33-10-46 - Delivery of offenders to civil authorities.
Section 33-10-47 - Completion of sentence of court martial upon return from civil authority.
Section 33-10-48 - Failure of enlisted member to report for duty--Arrest--Fees.
Section 33-10-49 - Arrest or confinement for disobedience or disruption--Trespassers.
Section 33-10-50 - Commanding officer's non-judicial punishment.
Section 33-10-51 - Forms of punishment by any commanding officer.
Section 33-10-52 - Forms of punishment by major, lieutenant commander, or above.
Section 33-10-53 - Forms of punishment by Governor, adjutant general, or certain other officers.
Section 33-10-54 - Duration of consecutive punishments.
Section 33-10-56 - Suspension or mitigation of punishment.
Section 33-10-59 - Forfeiture of pay.
Section 33-10-60 - Promulgation of rules regarding records.
Section 33-10-61 - Courts-martial classified.
Section 33-10-62 - Jurisdiction of courts-martial in general.
Section 33-10-63 - Jurisdiction of general courts-martial.
Section 33-10-64 - Jurisdiction of special courts-martial.
Section 33-10-65 - Jurisdiction of summary courts-martial.
Section 33-10-66 - Objection to trial by summary courts-martial.
Section 33-10-67 - Who may convene general courts-martial.
Section 33-10-68 - Who may convene special courts-martial.
Section 33-10-69 - Who may convene summary courts-martial.
Section 33-10-70 - Commissioned officer service on courts-martial.
Section 33-10-71 - Warrant officer service on courts-martial.
Section 33-10-72 - Enlisted member service on courts-martial.
Section 33-10-73 - Court-martial member to be senior to accused.
Section 33-10-74 - Qualifications of court-martial member.
Section 33-10-75 - Excuse of court-martial member from participating.
Section 33-10-76 - Military judge detailed to general and special court-martial.
Section 33-10-77 - Qualifications of military judge.
Section 33-10-78 - Admission of military judge pro hac vice.
Section 33-10-79 - Designation of military judge--Performance report prohibited.
Section 33-10-80 - Military judge may not be accuser, witness, investigator, or counsel.
Section 33-10-81 - Consultation with members of court.
Section 33-10-82 - Detail of trial counsel and defense counsel.
Section 33-10-84 - Qualifications of counsel.
Section 33-10-85 - Admission of defense counsel pro hac vice--Qualifications.
Section 33-10-86 - Detail or employment of court reporters and interpreters.
Section 33-10-87 - Absent members of court-martial.
Section 33-10-88 - Additional members of general court-martial.
Section 33-10-89 - Additional members of special court-martial.
Section 33-10-91 - Marshal--Duties.
Section 33-10-92 - Compensation of marshal.
Section 33-10-93 - Malfeasance of sheriff or marshal.
Section 33-10-94 - Immunity of court members.
Section 33-10-95 - Charges and specifications.
Section 33-10-96 - Compulsory self-incrimination prohibited.
Section 33-10-97 - Advice of right to remain silent.
Section 33-10-98 - Compulsory self-degradation prohibited.
Section 33-10-99 - Exclusion of evidence.
Section 33-10-100 - Investigation of charges.
Section 33-10-102 - Demand for further investigation.
Section 33-10-103 - Investigation of uncharged offenses.
Section 33-10-104 - Nonjurisdictional error.
Section 33-10-105 - Forwarding of charges.
Section 33-10-106 - Advice of judge advocate regarding charge.
Section 33-10-107 - Contents of judge advocate's statement--Reference for trial.
Section 33-10-108 - Correction of charges or specifications.
Section 33-10-109 - Service of charges.
Section 33-10-110 - Promulgation of procedural rules by Governor or adjutant general.
Section 33-10-111 - Unlawfully influencing action of court.
Section 33-10-112 - Report of performance as court-martial member, witness, or counsel prohibited.
Section 33-10-113 - Qualifications of trial counsel--Preparation of record.
Section 33-10-114 - Qualifications of defense counsel--Rights of accused.
Section 33-10-115 - Duties of defense counsel in court-martial proceeding resulting in conviction.
Section 33-10-116 - Sessions without presence of court-martial members--Record.
Section 33-10-117 - Presence of accused, counsel, and military judge at proceedings--Exception.
Section 33-10-118 - Continuances.
Section 33-10-119 - Challenges for cause.
Section 33-10-120 - Procedure when court members reduced below minimum by challenge for cause.
Section 33-10-121 - Peremptory challenges.
Section 33-10-122 - Procedure when court members reduced below minimum by peremptory challenge.
Section 33-10-123 - Challenges after additional members are detailed.
Section 33-10-125 - Oath of witness.
Section 33-10-126 - Statute of limitations.
Section 33-10-127 - Unauthorized absence excluded in computing limitation period.
Section 33-10-128 - Absence from territory excluded in computing limitation period.
Section 33-10-129 - Limitation period during wartime.
Section 33-10-131 - Conditions for new charges and specifications.
Section 33-10-132 - Former jeopardy.
Section 33-10-133 - Jeopardy where accused found guilty.
Section 33-10-134 - Jeopardy where accused not found guilty.
Section 33-10-135 - Not guilty plea.
Section 33-10-136 - Finding upon guilty plea--Withdrawal of guilty plea.
Section 33-10-137 - Opportunity to obtain witnesses and other evidence.
Section 33-10-138 - Refusal to appear or testify.
Section 33-10-139 - Witness fees.
Section 33-10-141 - Oral and written depositions.
Section 33-10-142 - Notice of deposition.
Section 33-10-143 - Officers before whom deposition taken.
Section 33-10-144 - Admissibility of deposition.
Section 33-10-145 - Admissibility of records of courts of inquiry.
Section 33-10-146 - Defense of lack of mental responsibility.
Section 33-10-147 - Burden of proof of lack of mental responsibility.
Section 33-10-148 - Findings by court-martial members when lack of mental responsibility at issue.
Section 33-10-150 - Conditions for finding of not guilty by reason of lack of mental responsibility.
Section 33-10-151 - Voting by secret written ballot.
Section 33-10-152 - Rulings upon questions of law and interlocutory questions.
Section 33-10-153 - Instructions.
Section 33-10-154 - Findings and rulings by court-martial composed of military judge only.
Section 33-10-155 - Number of votes required.
Section 33-10-156 - Court to announce action.
Section 33-10-157 - Record of proceedings--Authentication.
Section 33-10-158 - Contents of record.
Section 33-10-159 - Records of summary court-martial.
Section 33-10-160 - Copy of record to be given to the accused.
Section 33-10-161 - Cruel and unusual punishments prohibited.
Section 33-10-162 - Maximum sentence--Felony and misdemeanor--Noncriminal conviction.
Section 33-10-163 - Limits of punishment.
Section 33-10-164 - Forfeitures.
Section 33-10-165 - Computation of period of confinement--Effective date of other sentences.
Section 33-10-166 - Deferment of sentence to confinement--Rescission.
Section 33-10-169 - Deferment of sentence to confinement while review pending.
Section 33-10-170 - Place of confinement.
Section 33-10-171 - Hard labor.
Section 33-10-172 - Fees for confinement.
Section 33-10-173 - Reduction of enlisted member pay grade.
Section 33-10-174 - Restoration of pay.
Section 33-10-175 - Forfeiture of pay and allowances.
Section 33-10-176 - Sentences subject to forfeiture of pay and allowances.
Section 33-10-177 - Waiver of forfeiture of pay and allowances for dependents of accused.
Section 33-10-178 - Restoration of pay and allowances.
Section 33-10-179 - Error of law.
Section 33-10-180 - Lesser included offense.
Section 33-10-181 - Prompt report of findings and sentence to convening authority.
Section 33-10-183 - Extension of time for submission.
Section 33-10-184 - Provision of record to accused.
Section 33-10-185 - Waiver of right to make submission.
Section 33-10-186 - Authority to modify findings and sentence.
Section 33-10-187 - Action on sentence of court-martial.
Section 33-10-188 - Action on findings of court-martial.
Section 33-10-189 - Recommendation of judge advocate--Response and objection.
Section 33-10-190 - Proceeding in revision or rehearing.
Section 33-10-191 - Matters considered at proceeding in revision.
Section 33-10-192 - Matters considered at rehearing--Dismissal without rehearing.
Section 33-10-193 - Withdrawal of appeal.
Section 33-10-194 - Time for withdrawal of appeal.
Section 33-10-195 - Appeal by the state.
Section 33-10-196 - Time for appeal by the state--Contents of notice of appeal.
Section 33-10-197 - Diligent prosecution of appeal.
Section 33-10-198 - State's appeal to Supreme Court limited to matters of law.
Section 33-10-199 - Consideration of delay concerning issue of speedy trial.
Section 33-10-200 - Rehearings.
Section 33-10-201 - Review by senior force judge advocate.
Section 33-10-202 - Circumstances under which record to be sent to adjutant general for action.
Section 33-10-203 - Action by adjutant general.
Section 33-10-204 - Dismissal when rehearing impracticable.
Section 33-10-205 - Action by the Governor.
Section 33-10-207 - Action by adjutant general regarding subject matter jurisdiction.
Section 33-10-208 - Disposition of records.
Section 33-10-209 - Review by Supreme Court.
Section 33-10-210 - Appellate government counsel.
Section 33-10-211 - Right to counsel on appeal by state.
Section 33-10-212 - Right to counsel on appeal by accused.
Section 33-10-213 - Appointment of judge advocate to represent accused.
Section 33-10-214 - Representation by civilian appellate counsel.
Section 33-10-216 - Execution of sentence when appeal waived or withdrawn.
Section 33-10-217 - Probation violation--Hearing--Representation by counsel.
Section 33-10-218 - Vacation of suspension--Execution of sentence.
Section 33-10-219 - Authority to vacate suspension.
Section 33-10-220 - Petition for new trial.
Section 33-10-221 - Remission and suspension.
Section 33-10-222 - Restoration.
Section 33-10-223 - Substitution for dishonorable or bad-conduct discharge.
Section 33-10-224 - Reappointment of commissioned officer.
Section 33-10-225 - Finality of proceedings, findings, and sentences.
Section 33-10-226 - Leave required pending review of certain court-martial convictions.
Section 33-10-227 - Commitment of person incompetent to stand trial.
Section 33-10-229 - Notice of determination that accused is competent to stand trial.
Section 33-10-230 - Action by general court-martial convening authority or attorney general.
Section 33-10-231 - Custody of facility director.
Section 33-10-232 - References to court that ordered commitment.
Section 33-10-234 - Hearing on mental condition.
Section 33-10-235 - Report of hearing results.
Section 33-10-237 - Statute applicable to hospitalized person.
Section 33-10-238 - Application of statute comparable to 18 U.S.C. 4247(d).
Section 33-10-239 - Application of statute comparable to 18 U.S.C. § 4241 et seq.--Change of status.
Section 33-10-240 - Principal defined.
Section 33-10-241 - Accessory after the fact.
Section 33-10-242 - Included offense--Attempted offense.
Section 33-10-243 - Attempt defined.
Section 33-10-244 - Attempt to commit offense subject to punishment.
Section 33-10-245 - Conviction of attempt for consummated offense.
Section 33-10-246 - Conspiracy.
Section 33-10-247 - Solicitation to desert or mutiny.
Section 33-10-248 - Solicitation to commit misbehavior before the enemy or sedition.
Section 33-10-249 - Fraudulent enlistment, appointment, or separation.
Section 33-10-250 - Unlawful enlistment, appointment, or separation.
Section 33-10-251 - Desertion.
Section 33-10-252 - Desertion by commissioned officer.
Section 33-10-253 - Punishment for desertion.
Section 33-10-254 - Absence without leave.
Section 33-10-255 - Missing movement.
Section 33-10-256 - Contempt toward officials.
Section 33-10-257 - Disrespect toward superior commissioned officer.
Section 33-10-258 - Assaulting or willfully disobeying superior commissioned officer.
Section 33-10-260 - Failure to obey order or regulation.
Section 33-10-261 - Cruelty and maltreatment.
Section 33-10-262 - Mutiny--Sedition--Failure to suppress or report.
Section 33-10-263 - Punishment for mutiny or sedition.
Section 33-10-264 - Resistance--Flight--Breach of arrest--Escape.
Section 33-10-265 - Releasing prisoner without proper authority.
Section 33-10-266 - Unlawful detention.
Section 33-10-267 - Noncompliance with procedural rules.
Section 33-10-268 - Misbehavior before the enemy.
Section 33-10-269 - Subordinate compelling surrender.
Section 33-10-270 - Improper use of countersign.
Section 33-10-271 - Captured or abandoned property--Securing and turning over.
Section 33-10-272 - Captured or abandoned property--Offenses.
Section 33-10-273 - Aiding the enemy.
Section 33-10-274 - Misconduct as prisoner.
Section 33-10-275 - False official statements.
Section 33-10-276 - Military property--Loss, damage, destruction, or wrongful disposition.
Section 33-10-277 - Property other than military property--Waste, spoilage, or destruction.
Section 33-10-278 - Willful hazarding of vessel.
Section 33-10-279 - Negligent hazarding of vessel.
Section 33-10-280 - Drunk on duty.
Section 33-10-281 - Wrongful use, possession, or distribution of controlled substances.
Section 33-10-282 - Controlled substances defined.
Section 33-10-283 - Misbehavior of sentinel.
Section 33-10-284 - Malingering.
Section 33-10-285 - Riot or breach of peace.
Section 33-10-286 - Provoking speeches or gestures.
Section 33-10-287 - Frauds against the government.
Section 33-10-288 - Conduct unbecoming an officer.
Section 33-10-289 - Disorder and neglect--Conduct discrediting state military forces.
Section 33-10-290 - Court of inquiry convened for investigation.
Section 33-10-291 - Members of court--Counsel.
Section 33-10-292 - Parties.
Section 33-10-293 - Challenge to court members.
Section 33-10-295 - Witnesses.
Section 33-10-296 - Findings--Opinions.
Section 33-10-297 - Record of proceedings.
Section 33-10-298 - Administration of oaths for purposes of military administration.
Section 33-10-299 - Administration of oaths necessary in performance of duties.
Section 33-10-300 - Prima facie evidence of authority to administer oath.
Section 33-10-301 - Complaint of wrong.
Section 33-10-302 - Delegation by Governor.
Section 33-10-303 - Payment of fees, costs, and expenses.
Section 33-10-304 - Military justice fund.
Section 33-10-305 - Payment of fines--Disposition.
Section 33-10-306 - Uniformity of interpretation.