South Dakota Statutes
§ 23A-29-2 — Effect of grant of new trial--Evidence received.
South Dakota § 23A-29-2
This text of South Dakota § 23A-29-2 (Effect of grant of new trial--Evidence received.) 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-29-2 (2026).
Text
The granting of a new trial places the parties in the same position as if no trial had been had. All evidence must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument.
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Related
State v. Janis
321 N.W.2d 527 (South Dakota Supreme Court, 1982)
Legislative History
SDC 1939 & Supp 1960, § 34.4001; SDCL, § 23-50-12; SL 1978, ch 178, § 380.
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-29-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-29-2.