Section 19-14-23 - (Rule 612(c)) Inspection and cross-examination on memoranda--Excision ofunrelated matters--Protective order when memorandum not produced. - South-dakota Statutes

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19-14-23. (Rule 612(c)) Inspection and cross-examination on memoranda--Excision of unrelated matters--Protective order when memorandum not produced. A party entitled to have a writing or object produced under § 19-14-21 or 19-14-22 is entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If production of the writing or object at the trial, hearing, or deposition is impracticable, the court may order it made available for inspection. If it is claimed that the writing or object contains matters not related to the subject matter of the testimony, the court shall examine the writing or object in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing or object is not produced, made available for inspection, or delivered pursuant to order under §§ 19-14-21 to 19-14-23, inclusive, the court shall make any order justice requires, but in criminal cases if the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.

Source: Supreme Court Rule 78-2, Rule 612 (c).

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-14 > Statute-19-14-23

19-14-23. (Rule 612(c)) Inspection and cross-examination on memoranda--Excision of unrelated matters--Protective order when memorandum not produced. A party entitled to have a writing or object produced under § 19-14-21 or 19-14-22 is entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If production of the writing or object at the trial, hearing, or deposition is impracticable, the court may order it made available for inspection. If it is claimed that the writing or object contains matters not related to the subject matter of the testimony, the court shall examine the writing or object in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing or object is not produced, made available for inspection, or delivered pursuant to order under §§ 19-14-21 to 19-14-23, inclusive, the court shall make any order justice requires, but in criminal cases if the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.

Source: Supreme Court Rule 78-2, Rule 612 (c).

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-14 > Statute-19-14-23

19-14-23. (Rule 612(c)) Inspection and cross-examination on memoranda--Excision of unrelated matters--Protective order when memorandum not produced. A party entitled to have a writing or object produced under § 19-14-21 or 19-14-22 is entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If production of the writing or object at the trial, hearing, or deposition is impracticable, the court may order it made available for inspection. If it is claimed that the writing or object contains matters not related to the subject matter of the testimony, the court shall examine the writing or object in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing or object is not produced, made available for inspection, or delivered pursuant to order under §§ 19-14-21 to 19-14-23, inclusive, the court shall make any order justice requires, but in criminal cases if the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.

Source: Supreme Court Rule 78-2, Rule 612 (c).