S.D. Codified Laws § 23A-12-4

Current through the 2024 Legislative Session

Section 23A-12-4 - (Rule 15(d)) Manner of taking and filing deposition-Disclosure to defense of prior statements of witness

Subject to such additional conditions as the court may provide, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in this title; provided that:

(1) In no event shall a deposition be taken of a party defendant without his consent; and

(2) The scope and manner of examination and cross-examination shall be such as would be allowed in the trial itself.

The prosecuting attorney shall make available to the defendant or his counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the prosecuting attorney and to which the defendant would be entitled at the trial.

SDCL 23A-12-4

SL 1978, ch 178, § 134.