South Dakota Codified Laws 23A-9-4. (Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness–Defendant’s right totestify
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Upon the failure of either party to comply with the requirements of § 23A-9-1, 23A-9-2, or 23A-9-3, the court shall exclude the testimony of any undisclosed witness offered by such party as to the defendant‘s absence from or presence at, the scene of the alleged offense. This section shall not limit the right of a defendant to testify in his own behalf.
Terms Used In South Dakota Codified Laws 23A-9-4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, § 34.2801; SDCL, § 23-37-6; SL 1974, ch 168, § 1; SDCL Supp, § 23-37-5; SL 1978, ch 178, § 120; SL 1979, ch 159, § 8.