23A-39-1.(Rule 43 (a)) Presence required at all times except as provided. A defendant shall be present at his arraignment, at the time of his plea, at every stage of his trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as provided by §§23A-39-2 and […]
23A-39-2.(Rule 43(b)) Voluntary absence of defendant from trial–Conduct justifying exclusion. The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present: (1)In noncapital cases, voluntarily absents himself after the trial has commenced; or (2)Engages in conduct which justifies his being excluded […]
23A-39-3.(Rule 43(c)) Corporation appearing by counsel–Presence not required in misdemeanor prosecutions–Hearing to reduce sentence. A defendant need not be present in the following situations: (1)A corporation may appear by counsel for all purposes; (2)In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant’s absence. […]
23A-39-4. Bench warrant for defendant failing to appear after release on bail–Costs assessed against defendant. If the defendant has been released on bail in accordance with any provision of chapter 23A-43 and does not appear when so ordered by the court, the court, in addition to the forfeiture of bail, may direct the clerk of […]
23A-39-5. Service of bench warrant. The bench warrant issued pursuant to §23A-39-4 may be served in any county, in the same manner as a warrant of arrest. Source: SDC 1939 & Supp 1960, §34.3702; SDCL, §23-48-10; SL 1978, ch 178, §489.
