The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.

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Terms Used In South Dakota Codified Laws 19-19-605

  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 605); SDCL § 19-14-5; SL 2016, ch 239 (Supreme Court Rule 15-38), eff. Jan. 1, 2016.