§ 23A-39-1 (Rule 43 (a)) Presence required at all times except as provided
§ 23A-39-2 (Rule 43(b)) Voluntary absence of defendant from trial–Conduct justifying exclusion
§ 23A-39-3 (Rule 43(c)) Corporation appearing by counsel–Presence not required in misdemeanorprosecutions–Hearing to reduce sentence
§ 23A-39-4 Bench warrant for defendant failing to appear after release on bail–Costs assessed againstdefendant

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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 39 - (Rule 43) Presence of the Defendant

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.