Section 23A-14-29 – Self-incriminating testimony required under promise of immunity–Restrictions on use of information.
23A-14-29. Self-incriminating testimony required under promise of immunity–Restrictions on use of information. No witness may be excused on the basis of his privilege against self-incrimination from testifying or providing other information in a proceeding before a court, grand jury, administrative agency, or legislative committee of this state for a civil, criminal, or administrative action whenever […]
Section 23A-14-28 – Sanctions for oppressive subpoenas.
23A-14-28. Sanctions for oppressive subpoenas. The court may impose appropriate sanctions including the quashing of a subpoena upon a showing by the subpoenaed person that: (1)If called for any purpose, compliance with the subpoena would be for punitive purposes; (2)If called before a grand jury, a primary purpose or effect of requiring such person to […]
Section 23A-14-18 – Punishment for contempt by witnesses summoned for appearance in another state–Fees to which entitled.
23A-14-18. Punishment for contempt by witnesses summoned for appearance in another state–Fees to which entitled. A witness, who has been summoned pursuant to §§23A-14-15 to 23A-14-17, inclusive, who has been paid or offered, by a properly authorized person, twenty-one cents for each mile by the ordinarily traveled route to and from the court where the […]
Section 23A-14-19 – Certificate by judge or magistrate for summons of witness from another state–Recommendation for immediate custody.
23A-14-19. Certificate by judge or magistrate for summons of witness from another state–Recommendation for immediate custody. A circuit judge or a magistrate judge may issue a certificate under the seal of his court stating that a person in another state is a material witness in a prosecution pending in a court presided over by a […]
Section 23A-14-20 – Fees tendered to witness summoned from another state.
23A-14-20. Fees tendered to witness summoned from another state. If the witness described in §23A-14-19 is summoned to attend and testify in this state, he shall be offered twenty-one cents for each mile by the ordinarily traveled route to and from the court where the prosecution is pending, twenty dollars for each day that he […]
Section 23A-14-21 – Duration of stay required of witness summoned from another state.
23A-14-21. Duration of stay required of witness summoned from another state. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain in this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by a court. Source: SL 1933, […]
Section 23A-14-22 – Immunity from process of witness summoned from another state.
23A-14-22. Immunity from process of witness summoned from another state. If a witness comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of civil or criminal process in […]
Section 23A-14-23 – Immunity from process of witness passing through under interstate summons.
23A-14-23. Immunity from process of witness passing through under interstate summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service […]
Section 23A-14-24 – Punishment for contempt by witness summoned from another state.
23A-14-24. Punishment for contempt by witness summoned from another state. If a witness described in §23A-14-19 comes into this state and fails without good cause to attend and testify as directed in his summons, he shall be punished in the manner provided by §23A-38-1 or 23A-38-2. Source: SDC 1939 & Supp 1960, §34.2503; SDCL, §23-40-22; […]
Section 23A-14-25 – (Rule 17(g)) Disobedience of subpoena as contempt of court.
23A-14-25.(Rule 17(g)) Disobedience of subpoena as contempt of court. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued. Source: SDC 1939 & Supp 1960, §34.2405; SDCL, §23-40-10; SL 1978, ch 178, §203.