Before the introduction of a certified therapeutic dog into the courtroom, the party desiring to utilize the presence of a certified therapeutic dog shall, outside the presence of the jury, file a motion containing the following information:

(1) The credentials of the certified therapeutic dog;

Terms Used In South Dakota Codified Laws 23A-24-11

  • 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.

(2) The credentials of the certified handler;

(3) That the certified therapeutic dog is adequately insured;

(4) That a basic relationship has been established between the child witness, or the witness having a developmental disability, and the certified therapeutic dog in anticipation of testimony;

(5) That the certified therapeutic dog is capable of sitting quietly for extended periods of time; and

(6) That the presence of the certified therapeutic dog may reduce anxiety experienced by the child witness or the witness having a developmental disability while testifying in the criminal trial or hearing.

Source: SL 2020, ch 102, § 2.