Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-39: (RULE 43) PRESENCE OF THE DEFENDANT/§ 23A-39-1
South Dakota Statutes

§ 23A-39-1 — (Rule 43 (a)) Presence required at all times except as provided.

South Dakota § 23A-39-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-39(RULE 43) PRESENCE OF THE DEFENDANT

This text of South Dakota § 23A-39-1 ((Rule 43 (a)) Presence required at all times except as provided.) 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-39-1 (2026).

Text

A defendant shall be present at his arraignment, at the time of his plea, at every stage of his trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as provided by §§ 23A-39-2 and 23A-39-3 .

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Related

State v. Reiman
284 N.W.2d 860 (South Dakota Supreme Court, 1979)
122 case citations
State v. Berget
2014 SD 61 (South Dakota Supreme Court, 2014)
19 case citations
State v. Talarico
2003 SD 41 (South Dakota Supreme Court, 2003)
18 case citations
Kost v. State
344 N.W.2d 83 (South Dakota Supreme Court, 1984)
12 case citations
State v. Olson
449 N.W.2d 251 (South Dakota Supreme Court, 1989)
10 case citations
State v. Puthoff
1997 SD 83 (South Dakota Supreme Court, 1997)
10 case citations
State v. Selalla
2008 SD 3 (South Dakota Supreme Court, 2008)
10 case citations
McbBride v. Weber
2009 SD 14 (South Dakota Supreme Court, 2009)
3 case citations

Legislative History

SDC 1939 & Supp 1960, §§ 34.3501, 34.3602; SDCL, §§ 23-35-2, 23-42-1; SL 1978, ch 178, § 485.

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-39-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-39-1.