Section 23A-20-30 – Degree of kindred–Direct and collateral line–Descending and ascending direct line–Degrees in collateral line.
23A-20-30. Degree of kindred–Direct and collateral line–Descending and ascending direct line–Degrees in collateral line. The degree of kindred is established by the number of generations, and each generation is called a degree. The series of degrees form the line; the series of degrees between persons who descend from one another is called direct or lineal […]
Section 23A-20-16 – Trial by court of challenges.
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.
Section 23A-20-17 – Examination as witness of challenged juror–Evidence received.
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 […]
Section 23A-20-18 – Allowance or disallowance of challenge to individual juror.
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.
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 […]