South Dakota Codified Laws 23A-13-9. Testimony stricken when prosecution elects not to produce prior statement–Mistrial
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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.
Terms Used In South Dakota Codified Laws 23A-13-9
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1978, ch 178, § 148-A.