§ 23A-13-1 (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant–Statements ofemployees of corporate defendants
§ 23A-13-2 (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request
§ 23A-13-3 (Rule 16(a)(1)(C)) Defendant’s right to inspect and copy documentary and tangibleevidence
§ 23A-13-4 (Rule 16(a)(1)(D)) Defendant’s right to inspect and copy results of examinations orscientific tests
§ 23A-13-5 Work product protected from discovery by defendant
§ 23A-13-6 Statement by witness not discoverable until testimony in preliminary hearing or trial
§ 23A-13-7 Prior statements of prosecution witnesses subject to discovery after directexamination
§ 23A-13-8 Excision from statement of prosecution witness of matter not testified to–Deliveryto defendant–Preservation of entire statement for appeal–Recess to permitexamination by defenda
§ 23A-13-9 Testimony stricken when prosecution elects not to produce prior statement–Mistrial
§ 23A-13-10 Kinds of prior statements subject to discovery by defendant
§ 23A-13-11 (Rule 16(a)(3)) Grand jury proceedings not discoverable–Exceptions
§ 23A-13-12 (Rule 16(b)(1)(A)) Defendant’s documentary and tangible evidence discoverable byprosecution
§ 23A-13-13 Results of examinations and scientific tests discoverable by prosecution
§ 23A-13-14 (Rule 16(b)(2)) Defense work product protected from discovery
§ 23A-13-15 (Rule 16(c)) Notice to adverse party of newly discovered evidence subject todiscovery
§ 23A-13-16 (Rule 16(d)(1)) Restriction of rights of discovery or inspection–Preservation of entirestatement for appellate record
§ 23A-13-17 (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements–Manner of discovery and inspection
§ 23A-13-18 (Rule 16(e)) Discovery of alibi witnesses

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 13 - (Rule 16) Discovery

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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.
  • Recess: A temporary interruption of the legislative business.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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.
  • 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