South Dakota Statutes
§ 23A-10-5 — (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
South Dakota § 23A-10-5
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-10(RULE 12.2) NOTICE OF MENTAL ILLNESS DEFENSE
This text of South Dakota § 23A-10-5 ((Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.) 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 § 23A-10-5 (2026).
Text
If the defendant fails to give notice when required by § 23A-10-3 or to submit to an examination when ordered under § 23A-10-4 , a court shall exclude the testimony of any witness offered by a defendant on the issue of his mental state.
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Legislative History
SL 1978, ch 178, § 127; SL 1983, ch 174, § 11.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-10-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-10-5.