South Dakota Codified Laws 19-2-8. Court to advise witnesses as to privileged communications and privilegeagainst self-incrimination
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It shall be the duty of the court, of its own motion and without waiting for objection, to advise a witness at the appropriate time of his right to refuse to answer any question requiring the disclosure of any privileged communication or requiring or tending to require the witness to give testimony which might incriminate him, but the last clause shall not apply to a defendant in a criminal case who takes the stand to testify in his own behalf.
Terms Used In South Dakota Codified Laws 19-2-8
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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 498, 1939; SDC 1939 & Supp 1960, § 36.0103.