South Dakota Codified Laws 27B-7-39.1. Rights of person during hearing–Waiver of rights–Exclusion of persons
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The person has the right to appear personally at any hearing and testify, but may not be compelled to do so. The person has the right to subpoena and cross–examine witnesses and to present evidence. If the person chooses not to appear, the person’s attorney shall state on the record that the person has been informed of the hearing and of the right to appear and chooses not to exercise this right. Documentation of the reasons for the person’s decision may not be required. The county review board may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the person who is the subject of the hearing.
Terms Used In South Dakota Codified Laws 27B-7-39.1
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
Source: SL 2002, ch 136, § 17.