Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-18: (RULE 23) TRIAL BY JURY OR COURT/§ 23A-18-1
South Dakota Statutes

§ 23A-18-1 — (Rule 23(a)) Trial by jury unless waived by parties.

South Dakota § 23A-18-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-18(RULE 23) TRIAL BY JURY OR COURT

This text of South Dakota § 23A-18-1 ((Rule 23(a)) Trial by jury unless waived by parties.) 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-18-1 (2026).

Text

Cases required to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing or orally on the record with the approval of the court and the consent of the prosecuting attorney.

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Related

State v. Piper
2006 SD 1 (South Dakota Supreme Court, 2006)
31 case citations
State v. Aliberti
401 N.W.2d 729 (South Dakota Supreme Court, 1987)
25 case citations
State v. Page
2006 SD 2 (South Dakota Supreme Court, 2006)
18 case citations
Hyatt v. Weber
468 F. Supp. 2d 1104 (D. South Dakota, 2006)

Legislative History

SL 1978, ch 178, § 230.

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 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.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-18-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-18-1.