Section 19-5-9 – Seal and contents of attachment and commitment order for witness–Direction and execution of order.
19-5-9. Seal and contents of attachment and commitment order for witness–Direction and execution of order. Every attachment for the arrest or order of commitment to prison of a witness, by a court or officer, pursuant to this chapter, must be under the seal of the court or officer, if he have an official seal, and […]
Section 19-5-10 – Amount of undertaking for appearance by witness endorsed on attachment.
19-5-10. Amount of undertaking for appearance by witness endorsed on attachment. If the attachment issued pursuant to §19-5-8 be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his appearance. Such sum shall be endorsed on the […]
Section 19-5-11 – Show cause order when witness not personally served.
19-5-11. Show cause order when witness not personally served. If the witness be not personally served, the court may order him to show cause why an attachment should not issue against him. Source: CCivP 1877, §454; CL 1887, §5268; RCCivP 1903, §494; RC 1919, §2741; SDC 1939 & Supp 1960, §36.0305.
Section 19-5-12 – Punishment for contempt by witness.
19-5-12. Punishment for contempt by witness. The punishment for the contempt described in §19-5-8 shall be as follows: when the witness fails to attend, in obedience to the subpoena, except in case of demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars. […]
Section 19-5-13 – Application for discharge of imprisoned witness.
19-5-13. Application for discharge of imprisoned witness. A witness imprisoned pursuant to §19-5-12 by an officer before whom his deposition is being taken may apply to a judge of the circuit court, who shall have the power to discharge him, if it appear that his imprisonment is illegal. Source: CCivP 1877, §456; CL 1887, §5270; […]
Section 19-5-14 – Civil liability of witness for failure to attend or give testimony.
19-5-14. Civil liability of witness for failure to attend or give testimony. The witness shall also be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify, or give his deposition. Source: CCivP 1877, §455; CL 1887, §5269; RCCivP 1903, §495; RC 1919, §2742; […]
Section 19-5-16 – Fraud or deceit to affect testimony of witness as misdemeanor.
19-5-16. Fraud or deceit to affect testimony of witness as misdemeanor. Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry, or investigation authorized by law, with intent […]
Section 19-5-1 – Fees and mileage payments of witnesses.
19-5-1. Fees and mileage payments of witnesses. Each witness shall receive, for each day’s attendance before any court, board, or tribunal in any civil or criminal case twenty dollars and mileage at such rate as may be established pursuant to §3-9-1. Such mileage is limited to each mile actually and necessarily traveled. In any criminal […]
Section 19-5-2 – Public officers and employees not entitled to fees when testifying for state or subdivision–Mileage payable.
19-5-2. Public officers and employees not entitled to fees when testifying for state or subdivision–Mileage payable. No officer or employee of the State of South Dakota or of any political subdivision thereof including municipalities of the first class shall be paid any fees for giving testimony or evidence in any civil or criminal proceeding or […]
Section 19-5-3 – Witness immune from service of summons while outside county of residence under subpoena.
19-5-3. Witness immune from service of summons while outside county of residence under subpoena. A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county while going, returning, or attending in obedience to a subpoena. Source: CCivP 1877, §460; […]