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·Title 23A CRIMINAL PROCEDURE·Ch. 23A-13 (RULE 16) DISCOVERY

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.

South Dakota § 23A-13-9 (Testimony stricken when prosecution elects not to produce prior statement--Mistrial.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.