The defense attorney or the defendant, if appearing pro se, and the prosecuting attorney shall conduct examination of prospective jurors. Prior to the examination the court may conduct a general examination of the prospective jurors. The court may in its discretion allow examination of one or more jurors apart from the other jurors. If approved by the court, prospective jurors may be examined on whether the presence of a certified therapeutic dog to assist a child witness or a witness having a developmental disability would create undue sympathy for the witness or in any way serve as a prejudice to the defendant.

For purposes of this section, the terms, certified therapeutic dog, child witness, and developmental disability, have the meanings provided in § 23A-24-10.

Terms Used In South Dakota Codified Laws 23A-20-6

  • 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.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.

Source: SL 1978, ch 178, § 238; SL 2020, ch 102, § 4.