A witness imprisoned pursuant to § 19-5-12 by an officer before whom his deposition is being taken may apply to a judge of the circuit court, who shall have the power to discharge him, if it appear that his imprisonment is illegal.

Terms Used In South Dakota Codified Laws 19-5-13

  • 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.

Source: CCivP 1877, § 456; CL 1887, § 5270; RCCivP 1903, § 496; RC 1919, § 2743; SDC 1939 & Supp 1960, § 36.0306.