South Dakota § 23A-39-3 (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.

South Dakota Statutes

§ 23A-39-3 — (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.

South Dakota § 23A-39-3

Title 23ACRIMINAL PROCEDURE

Ch. 23A-39(RULE 43) PRESENCE OF THE DEFENDANT

This text of South Dakota § 23A-39-3 ((Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.) 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-39-3 (2026).

Text

A defendant need not be present in the following situations:

(1)A corporation may appear by counsel for all purposes;

(2)In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or (3) The defendant's presence is not required at any hearing to reduce a sentence pursuant to § 23A-31-1 .

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A defendant need not be present in the following situations: (1) A corporation may appear by counsel for all purposes; (2) In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or (3) The defendant's presence is not required at any hearing to reduce a sentence pursuant to § 23A-31-1 .