Section 23A-20-2 – Alternative methods of selecting jurors.
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.
Section 23A-20-3 – Call of jurors equal to number required including challenges.
23A-20-3. Call of jurors equal to number required including challenges. When prospective jurors are called for examination, the court shall call to the jury box a number of prospective jurors equal to the number of jurors to be impaneled, the number of peremptory challenges allowed the parties, and number of alternates, if any. Source: SL […]
Section 23A-20-4 – Formation of trial jury as in civil actions.
23A-20-4. Formation of trial jury as in civil actions. Trial juries for criminal actions may be formed in the same manner as trial juries in §15-14-10. Source: SDC 1939 & Supp 1960, §34.3604; SDCL, §23-43-2; SL 1978, ch 178, §236; Supreme Court Rule 97-39.
Section 23A-20-6 – Prospective jurors–Examination.
23A-20-6. Prospective jurors–Examination. The defense attorney or the defendant, if appearing pro se, and the prosecuting attorney shall conduct examination of prospective jurors. Prior to the examination the court may conduct a general examination of the prospective jurors. The court may in its discretion allow examination of one or more jurors apart from the other […]
Section 23A-20-7 – Oath of panel members.
23A-20-7. Oath of panel members. All members of the panel shall swear or affirm that they will answer truthfully all questions concerning their qualifications by taking the following oath. Do you swear or affirm that you will truthfully answer all questions asked of you by the court or counsel concerning your qualifications to sit as […]
Section 23A-20-7.1 – Affirmation permitted in lieu of oath.
23A-20-7.1. Affirmation permitted in lieu of oath. Any person required to take an oath pursuant to §§15-14-11, 23A-5-7, 23A-20-7, and 23A-25-5.1, who, having conscientious scruples against oath-taking, shall be allowed to make affirmation. Such person may also substitute the words, “under pains and penalties of perjury,” for the words “so help you God.” Source: SL […]
Section 23A-20-8 – Excuse and replacement of juror disqualified for cause–Challenges for cause on record.
23A-20-8. Excuse and replacement of juror disqualified for cause–Challenges for cause on record. At any time that cause for disqualifying a juror appears, the court shall excuse him and call another member of the panel to take his place in the jury box and on the clerk’s list of jurors. Challenges for cause may be […]
Section 23A-20-9 – Kinds of challenge for cause–Taken by either party.
23A-20-9. Kinds of challenge for cause–Taken by either party. A challenge for cause is an objection to a particular juror. It may be taken either by the state or a defendant. Source: SDC 1939 & Supp 1960, §34.3617; SDCL, §23-43-29; SL 1978, ch 178, §242; SL 1999, ch 282.
Section 23A-20-1 – Jurors summoned for civil actions used for criminal trials.
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.