South Dakota § 23A-13-9 Testimony stricken when prosecution elects not to produce prior statement--Mistrial.

South Dakota Statutes

§ 23A-13-9 — Testimony stricken when prosecution elects not to produce prior statement--Mistrial.

South Dakota § 23A-13-9

Title 23ACRIMINAL PROCEDURE

Ch. 23A-13(RULE 16) DISCOVERY

This text of South Dakota § 23A-13-9 (Testimony stricken when prosecution elects not to produce prior statement--Mistrial.) 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-13-9 (2026).

Text

If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

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If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.