Section 23A-13-9 - Testimony stricken when prosecution elects not to produce prior statement--Mistrial. - South-dakota Statutes

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23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial. If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Source: SL 1978, ch 178, § 148-A.

State Codes and Statutes

Statutes > South-dakota > Title-23a > Chapter-13 > Statute-23a-13-9

23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial. If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Source: SL 1978, ch 178, § 148-A.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-23a > Chapter-13 > Statute-23a-13-9

23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial. If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Source: SL 1978, ch 178, § 148-A.