§ 23A-12-1 (Rule 15 (a)) Depositions ordered only as specifically authorized–Order to preserve testimony for trial–Production of other evidence–Witness committed on failure to give bail
§ 23A-12-2 (Rule 15(b)) Notice to parties of time and place of deposition–Production of defendant in custody–Defendant’s right to attend
§ 23A-12-3 (Rule 15(c)) Governmental payment of defendant’s expenses for deposition
§ 23A-12-4 (Rule 15(d)) Manner of taking and filing deposition–Disclosure to defense of prior statements of witness
§ 23A-12-5 Sealing and endorsement of deposition–Transmittal to court
§ 23A-12-6 (Rule 15(e)) Circumstances permitting use of deposition at trial–Use for impeachment–Parts of deposition used
§ 23A-12-7 (Rule 15(f)) Time of objecting to testimony in deposition–Objections to receiving in evidence
§ 23A-12-8 (Rule 15(g)) Agreement of parties as to taking or use of deposition
§ 23A-12-9 Video recording of young sex crime or human trafficking victim’s testimony at preliminary hearing or deposition–Use at trial
§ 23A-12-10 Hearing to record testimony as to additional evidence

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 12 - (Rule 15) Depositions

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2