§ 23A-5-1 (Rule 6(a)) Circuit court order for grand juries–Number of members–Summons ofjurors
§ 23A-5-2 New grand jury ordered after discharge of original jury–Other causes
§ 23A-5-3 (Rule 6(b)(1)) Grounds for challenge to array or individual jurors–Trial of challenge
§ 23A-5-4 Summons of new jurors after challenge–Oath of jurors chosen for particular case
§ 23A-5-5 (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified
§ 23A-5-6 (Rule 6(c)) Foreman and deputy foreman of grand jury–Powers and duties–Clerk ofgrand jury–Record of proceedings
§ 23A-5-7 Oath of grand jurors
§ 23A-5-8 Charge to grand jury by court–Commencement of inquiries
§ 23A-5-9 General powers of grand jury–Access to prisons and records
§ 23A-5-10 Advice sought from court or prosecuting attorney
§ 23A-5-11 (Rule 6(d)) Appearance by prosecuting attorneys before grand jury–Presence of otherpersons–Counsel advising witnesses
§ 23A-5-11.1 Recording of testimony of witness before grand jury
§ 23A-5-12 Testimony before grand jury by subject of investigation–Waiver of immunity
§ 23A-5-13 Notice of rights to subject appearing before grand jury
§ 23A-5-14 Removal and replacement of attorney for witness appearing before grand jury
§ 23A-5-15 Evidence heard by grand jury–Order for production of evidence
§ 23A-5-16 (Rule 6(e)) Restrictions on disclosure of grand jury proceedings–Immunity of jurors–Sealing of indictments
§ 23A-5-17 Disclosure by prosecuting attorney of evidence received by grand jury
§ 23A-5-18 (Rule 6(f)) Quorum of grand jury–Votes required for indictment–Witnesses namedon indictment–Dismissal of charge on failure to indict
§ 23A-5-19 Report filed when indictment not issued
§ 23A-5-20 (Rule 6(g)) Term of service of grand jury–Excuse and replacement of jurors

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 5 - (Rule 6) the Grand Jury

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Juror: A person who is on the jury.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Quorum: The number of legislators that must be present to do business.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • True bill: Another word for indictment.