23A-20-1. Jurors summoned for civil actions used for criminal trials. Jurors drawn and summoned for the trial of civil actions are also the jurors for the trial of criminal actions. Source: SDC 1939 & Supp 1960, §34.3604; SDCL, §23-43-1; SL 1978, ch 178, §233.
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, […]
23A-20-13.1. Challenges for cause in criminal cases. Challenges for cause may be taken on any of the following grounds: (1)The prospective juror does not meet one of the qualifications required by §16-13-10 or is disqualified under that section. (2)The prospective juror is related by consanguinity or affinity within the sixth degree, as defined by §23A-20-30 […]
23A-20-14. Entry in minutes of challenge to individual juror. A challenge to an individual juror may be oral, but must be entered upon the minutes of the court. Source: SDC 1939 & Supp 1960, §34.3620; SDCL, §23-43-36; SL 1978, ch 178, §240.
23A-20-15. Objections to challenge of jurors–Denial of facts. An adverse party or counsel may object to a challenge in the manner specified in §§23A-19-6 to 23A-19-9, inclusive, and the same proceedings must be had thereon, except that if an objection is allowed the juror must be excluded. An adverse party may also orally deny facts […]
23A-20-16. Trial by court of challenges. All challenges, whether to a panel or to an individual juror, shall be tried by the court. Source: Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, §34.3621; SDCL, §23-43-37; SL 1978, ch 178, §247.
23A-20-17. Examination as witness of challenged juror–Evidence received. When a challenge to an individual juror is tried, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein. Other witnesses may also be examined on either side, and the […]
23A-20-18. Allowance or disallowance of challenge to individual juror. When a challenge to an individual juror is tried, the court must either allow or disallow the challenge and direct an entry accordingly upon the minutes. Source: Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, §34.3621; SDCL, §23-43-39; SL 1978, ch 178, §249.
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, […]
23A-20-2. Alternative methods of selecting jurors. When prospective jurors are called for examination, the court shall allow selection by either §23A-20-3 or 23A-20-4. Source: SL 1978, ch 178, §234.
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 […]
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.
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.
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.
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 […]
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 & […]
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.
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, […]
23A-20-28.(Rule 24(c)) Impaneling of alternate jurors–Replacement of regular jurors–Qualifications and oaths. A court may direct that not more than six jurors in addition to the regular jury members be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they were called, shall replace jurors who, prior to the time […]
23A-20-28.1. Additional methods of choosing alternate jurors. In addition to the method of choosing or seating an alternate juror provided by §§23A-20-27 and 23A-20-28, the judge may choose the alternate jurors by lot, or by such other means as the parties agree on the record. Source: Supreme Court Rule 1997-38.
