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§ 23A-13-10 Kinds of prior statements subject to discovery by defendant.

SD Codified L § 23A-13-10 (2019) (N/A)
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23A-13-10. Kinds of prior statements subject to discovery by defendant. The term "statement" as used in §§ 23A-13-7 to 23A-13-9, inclusive, in relation to any witness called by the prosecuting attorney, means:

(1) A written statement made by such witness and signed or otherwise adopted or approved by him;

(2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by such witness and recorded contemporaneously with the making of such oral statement;

(3) A statement, however taken or recorded, or a transcription thereof, if any, made by such witness to a grand jury;

(4) A summary of an oral declaration made by someone other than the witness that has been reduced to writing, except for a summary written by a prosecuting attorney.Source: SL 1978, ch 178, § 148-B; SL 1979, ch 159, § 10B; SL 2018, ch 290 (Supreme Court Rule 17-11), eff. Sept. 1, 2017.

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§ 23A-13-9 Testimony stricken when prosecution elects not to produce prior statement--Mistrial.
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§ 23A-13-11 (Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions.