South Dakota Statutes

§ 19-2-8 — Court to advise witnesses as to privileged communications and privilege against self

South Dakota § 19-2-8
JurisdictionSouth Dakota
Title 19EVIDENCE
Ch. 19-2PRIVILEGED MATTERS

This text of South Dakota § 19-2-8 (Court to advise witnesses as to privileged communications and privilege against self) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 19-2-8 (2026).

Text

It shall be the duty of the court, of its own motion and without waiting for objection, to advise a witness at the appropriate time of his right to refuse to answer any question requiring the disclosure of any privileged communication or requiring or tending to require the witness to give testimony which might incriminate him, but the last clause shall not apply to a defendant in a criminal case who takes the stand to testify in his own behalf.

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Related

State v. Nelson
1998 SD 124 (South Dakota Supreme Court, 1998)
97 case citations
State v. Dace
333 N.W.2d 812 (South Dakota Supreme Court, 1983)
69 case citations
Schutterle v. Schutterle
260 N.W.2d 341 (South Dakota Supreme Court, 1977)
48 case citations
State v. Means
268 N.W.2d 802 (South Dakota Supreme Court, 1978)
48 case citations
State v. Jenkins
260 N.W.2d 509 (South Dakota Supreme Court, 1977)
18 case citations
State v. McBride
226 N.W.2d 175 (South Dakota Supreme Court, 1975)
2 case citations

Legislative History

Supreme Court Rule 498, 1939; SDC 1939 & Supp 1960, § 36.0103.

Nearby Sections

15
§ 19-1-1
Repealed
§ 19-1-4
Repealed
§ 19-11-1
§ 19-11-1
§ 19-12-1
§ 19-12-1
§ 19-12-10
§ 19-12-10
§ 19-12-11
§ 19-12-11
§ 19-12-12
§ 19-12-12
§ 19-12-13
§ 19-12-13
§ 19-12-14
§ 19-12-14
§ 19-12-15
§ 19-12-15
§ 19-12-2
§ 19-12-2
§ 19-12-3
§ 19-12-3
§ 19-12-4
, 19-12-5
§ 19-12-6
, 19-12-7
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Bluebook (online)
South Dakota § 19-2-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/19-2-8.