23A-25-10. Jury not discharged until verdict rendered–Exceptions. Except as provided in §23A-25-9, a jury cannot be discharged after a case is submitted to it until its members have agreed upon their verdict and rendered it in open court, except by the consent of both parties entered on the record, or unless at the expiration of […]
23A-25-11. New trial when jury discharged before verdict. In all cases where a jury is discharged or prevented from giving a verdict, by reason of an accident or other cause except where the defendant is discharged during the progress of the trial or after the case is submitted to them, the case may be again […]
23A-25-12. Court open for other business during jury deliberations–Discharge of jury by final adjournment. While a jury is absent a court may adjourn from time to time to conduct other business, but it is nevertheless deemed open for every purpose connected with a case submitted to a jury until a verdict is rendered or the […]
23A-25-13. Guilty but mentally ill verdict–Forms furnished–Instructions. If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of “guilty but mentally ill” for each offense. The court shall instruct the jury that a special verdict of “guilty but mentally ill” […]
23A-25-2. Duty to receive law laid down by court. Although jurors have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law that which is laid down as such by the court. Source: SDC 1939 & Supp 1960, §34.3629; SDCL, […]
23A-25-3. Statements of law included in charge–Exclusive judges of fact. In charging jurors, a court must state to them all matters of law which it deems necessary for their information in giving their verdict. It must also inform the jurors that they are the exclusive judges of all questions of fact. Source: Supreme Court Rule […]
23A-25-3.1. Instruction on presumption of innocence required. In each criminal case, the judge shall instruct the jury that the defendant is presumed innocent. Source: SL 1984, ch 179.
23A-25-3.2 . Jury instructions–Certified therapeutic dogs. If a certified therapeutic dog has been utilized during a criminal trial, the judge shall present a jury instruction designed to prevent prejudice for or against any party. For purposes of this section, the term, certified therapeutic dog, has the meaning provided in § 23A-24-10 . Source: SL 2020, […]
23A-25-4. Preparation and settlement of instructions–Reading to jury–Comment during argument–Filing and endorsement of requested instructions. All requested instructions shall be prepared and presented by the parties and handled and settled by the court in accordance with the provisions of §15-6-51. Instructions shall be settled out of the presence of the jury at the close of […]
23A-25-5. Officers sworn to protect privacy of jury–Overnight sequestration or separation–Prevention of communication–Return to court on reaching verdict. Before the jurors retire for deliberation, one or more officers shall be sworn to keep the jurors together in some private and convenient place, with such suitable food and drink as the court shall direct. The court […]
23A-25-5.1. Oath of officers to protect privacy of jury. Before any officer may enter upon duties pursuant to §23A-25-5, the following oath shall be administered to each officer: Do you solemnly swear or affirm that you will take this jury to a private and convenient place, that you will not allow any person, including yourself, […]
23A-25-6. Retirement for deliberation–Room provided–Food and lodging during deliberation. After hearing the charge, the jury shall retire for deliberation. A suitable room, equipped for such purpose, must be provided by each county for the use of a jury upon its retirement for deliberation. While a jury is kept together, either during the progress of a […]
23A-25-7. Evidence and instructions kept by jury during deliberation. Upon retiring for deliberation, a jury may take all exhibits and all papers which have been received as evidence in the case. Copies may be substituted for original documents when, in the opinion of a court, such documents should not be taken from the person possessing […]
23A-25-8. Request by jury for further instructions–Notice to and presence of parties. After jurors have retired for deliberation, if there is a disagreement among them as to any part of the testimony or if they desire to be informed upon a point of law arising in the case, they shall ask the officer having them […]
23A-25-9. Discharge of jury on disability of member–Exception. If, after the retirement of a jury, one of them becomes so sick as to prevent the continuance of his duty, or any other accident or cause occurs to prevent its being kept together for deliberation, it may be discharged, except as provided in §23A-18-2. Source: SDC […]
