Section 23A-20-19 – Peremptory challenge defined–Either party.
23A-20-19. Peremptory challenge defined–Either party. A peremptory challenge is an objection to a juror for which no reason need be given. It can be taken by either party and may be oral. A court must exclude a juror on a peremptory challenge. Source: SDC 1939 & Supp 1960, §34.3615; SDCL, §23-43-27; SL 1978, ch 178, […]
Section 23A-20-20 – (Rule 24(b)) Number of peremptory challenges allowed.
23A-20-20.(Rule 24(b)) Number of peremptory challenges allowed. If an offense charged is a Class A, Class B, Class C, or Class 1 felony, the prosecution and the defense each have twenty peremptory challenges. In all other felony cases, the prosecution and the defense each have ten peremptory challenges. In misdemeanor cases, the prosecution and the […]
Section 23A-20-21 – Additional challenges granted by court.
23A-20-21. Additional challenges granted by court. For good cause shown, a court may grant such additional challenges as it, in its discretion, believes necessary and proper. Source: SL 1978, ch 178, §252.
Section 23A-20-22 – Challenges allowed when more than one defendant.
23A-20-22. Challenges allowed when more than one defendant. If there is more than one defendant a court may, upon good cause shown, allow the parties additional challenges and permit them to be exercised separately or jointly, as it, in its discretion, believes necessary and proper. Source: SL 1978, ch 178, §253.
Section 23A-20-23 – Time of motion for additional challenges.
23A-20-23. Time of motion for additional challenges. A motion made pursuant to §23A-20-21 or 23A-20-22 must be made at least one week in advance of the first scheduled trial date or within such other time as may be provided by the rules of the circuit court. Source: SL 1978, ch 178, §254.
Section 23A-20-24 – Alternative methods of exercising peremptory challenges.
23A-20-24. Alternative methods of exercising peremptory challenges. If prospective jurors are called for examination pursuant to §23A-20-3, the manner of exercising a peremptory challenge shall be as found in §23A-20-25. If prospective jurors are called for examination pursuant to §23A-20-4 the manner of exercising a peremptory challenge shall be as found in §23A-20-26. Source: SL […]
Section 23A-20-25 – Alternating peremptory challenges.
23A-20-25. Alternating peremptory challenges. Following examination of the jurors called for examination pursuant to §23A-20-3, the parties, commencing with the prosecuting attorney, shall alternately exercise their peremptory challenges on the clerk’s list. A peremptory challenge may not be waived. Source: CCrimP 1877, §342; CL 1887, §7369; RCCrimP 1903, §349; RC 1919, §4867; SDC 1939 & […]
Section 23A-20-26 – Peremptory challenges exercised as in civil trials.
23A-20-26. Peremptory challenges exercised as in civil trials. When prospective jurors are called for examination pursuant to §23A-20-4, peremptory challenges shall be exercised in the same manner prescribed in §15-14-10. Source: SL 1978, ch 178, §257; Supreme Court Rule 97-40.
Section 23A-20-27 – Trial jury constituted after peremptory challenges–Last jurors chosen as alternates.
23A-20-27. Trial jury constituted after peremptory challenges–Last jurors chosen as alternates. The persons remaining after both parties have exercised their peremptory challenges constitute the jurors for the trial. The jurors remaining who were last called under §23A-20-3, 23A-20-4, or 23A-20-8 to make up the full jury box shall be the alternate jurors. Source: SL 1978, […]
Section 23A-20-10 – Order of taking challenges for cause.
23A-20-10. Order of taking challenges for cause. All challenges for cause to an individual juror must be taken, first by the defendant and then by the state, and each party must exhaust all his challenges for cause before the other begins. If new jurors are called to the panel to replace jurors dismissed for cause, […]