CHAPTER 16-13
JURY LISTS AND PANELS
16-13-1 Master jury list for each county--Courts by which used--Summons to supply deficiency--Annual compilation of list.
16-13-2 Minimum number of names placed on master jury list.
16-13-2.1 16-13-2.1. Repealed by SL 2014, ch 105, § 1.
16-13-3 16-13-3. Repealed by SL 1992, ch 153, § 2.
16-13-3.1 16-13-3.1. Repealed by SL 1972, ch 125, § 23.
16-13-4 16-13-4. Repealed by SL 1992, ch 153, § 3.
16-13-4.1 Jury selection list to consist of voter registration list supplemented by driver license and identification card lists.
16-13-5 16-13-5. Repealed by SL 2003, ch 118, § 2.
16-13-5.1 16-13-5.1 to 16-13-8. Repealed by SL 1972, ch 125, § 23.
16-13-9 16-13-9. Repealed by SL 2003, ch 118, § 3.
16-13-9.1 Master jury list defined.
16-13-9.2 Random selection of names placed on master jury list--Number of names--Electronic process authorized.
16-13-9.3 16-13-9.3. Repealed by SL 1982, ch 172, § 7.
16-13-9.4 16-13-9.4, 16-13-9.5. Repealed by SL 2003, ch 118, §§ 6, 7.
16-13-9.6 16-13-9.6. Repealed by SL 1992, ch 153, § 10.
16-13-10 Qualifications of jurors.
16-13-10.1 Policy of state regarding jury selection and service.
16-13-10.2 Discrimination prohibited.
16-13-10.3 Certain elderly persons may be excused upon request.
16-13-10.4 Breastfeeding mothers and new parents exempt from jury duty.
16-13-11 16-13-11. Repealed by SL 1976, ch 150, § 2.
16-13-12 16-13-12. Repealed by SL 1972, ch 125, § 23.
16-13-13 Signing and filing of master juror list--Preparation of separate tickets by clerk of court--Electronic process authorized.
16-13-14 16-13-14. Repealed by SL 1972, ch 125, § 23.
16-13-15 Review of qualifications of jurors on master jury list--Removal of disqualified persons from list--Record of reasons for disqualification.
16-13-16 16-13-16 to 16-13-18. Repealed by SL 1982, ch 172, § 11.
16-13-18.1 Random selection process defined.
16-13-18.2 Enforcement of chapter by Supreme Court.
16-13-18.3 Responsibility of circuit presiding judge--Variation of process to meet local conditions--Approval and filing of variations.
16-13-18.4 Creation of jury district for county with population of less than five thousand.
16-13-19 Additional selections if master list inadequate.
16-13-20 Summons of grand jury.
16-13-21 Circuit court order required for summons of grand jury.
16-13-22 Circuit court order for selection of petit jury--Specifications of order.
16-13-23 Time for selection of jury panels.
16-13-24 16-13-24, 16-13-25. Repealed by SL 2015, ch 118, §§ 4, 5.
16-13-26 16-13-26. Repealed by SL 1982, ch 172, § 18.
16-13-27 Electronic selection system used to fill jury panels.
16-13-28 Disregard and replacement of jurors who have served.
16-13-29 First names drawn as grand jury.
16-13-31 Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance.
16-13-31.1 Preservation of jury selection records--Public inspection.
16-13-32 Neglect of officer's duty or malfeasance as contempt of court.
16-13-33 Improper listing of names drawn as misdemeanor.
16-13-34 Notice to jurors drawn for circuit court panel--Return of acceptance of service.
16-13-35 Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation.
16-13-36 16-13-36. Repealed by SL 1984, ch 151, § 2.
16-13-37 Judges to prescribe manner in which jury panels utilized and how summoned.
16-13-37.1 Magistrate court utilization of jury panels.
16-13-38 16-13-38. Repealed by SL 1982, ch 172, § 26.
16-13-39 Magistrate court powers and procedure in summoning jury and witnesses.
16-13-40 16-13-40. Repealed by SL 1982, ch 172, § 27.
16-13-41 Duty of jurors to appear when summoned.
16-13-41.1 Discharge or suspension from employment for jury service as misdemeanor.
16-13-41.2 Retention of employment status during jury status--Pay.
16-13-42 Summons of additional jurors to supply deficiencies in panel--Procedure where jury list exhausted.
16-13-43 Summons of additional jurors when panel exhausted by challenges.
16-13-44 Application for jury duty prohibited--Report to circuit court--Violation as misdemeanor.
16-13-45 Failure to appear for jury duty or return jury questionnaire as contempt of court--Penalty.
16-13-46 Jurors' per diem and mileage--Appearance fee--Certification and payment.
16-13-47 Jurors' expenses and fees in cases on violation of municipal laws.
16-13-47.1 Weekly payment of jurors.
16-13-48 16-13-48. Repealed by SL 1974, ch 153, § 60, and by SL 1974, ch 157, § 3.
16-13-49 Permitting improper communication with jury as misdemeanor.
16-13-1. Master jury list for each county--Courts by which used--Summons to supply deficiency--Annual compilation of list.
There shall be a master jury list for each county from which jurors shall be drawn for service as grand jurors and as petit jurors for the circuit and magistrate courts; provided that talesmen may be summoned by order of the presiding judge in the manner provided by law to supply any deficiency in the number of jurors required. Such jury list shall be compiled each year and shall be used in the drawing of jurors to be summoned during the following calendar year.
Source: SL 1935, ch 85, § 2; SDC 1939 & Supp 1960, § 32.1004; SL 1972, ch 125, § 1.
16-13-2. Minimum number of names placed on master jury list.
The minimum number of names to be placed on the master jury list for each county shall be designated by order of the presiding judge of the circuit court, or a judge of the circuit designated by him, to be made each year before September first.
Source: SL 1935, ch 85, § 2; SDC 1939 & Supp 1960, § 32.1004; SL 1972, ch 125, § 4; SL 1977, ch 180; SL 1979, ch 149, § 6; SL 1982, ch 172, § 1; SL 1983, ch 163, § 1; SL 1992, ch 153, § 1.
16-13-4.1. Jury selection list to consist of voter registration list supplemented by driver license and identification card lists.
For the purposes of this chapter, the jury selection list shall be prepared using electronic means by the state court administrator's office and shall consist of the current voter registration list obtained from the secretary of state, supplemented by the list of persons eighteen years of age and over holding a valid driver license or a state-issued nondriver identification card. The state court administrator's office shall annually merge these lists, and purge duplicate listings, to create an accurate jury selection list for preparing the master juror list in each county. The state court administrator's office may specify that the supplemental driver license and nondriver identification card lists be compiled from a list of those drivers within the county who have renewed, updated, or applied for a driver license in the last two years or from a list of persons in the county who have renewed, updated, or applied for a state-issued nondriver identification card in the last two years. The jury selection list may not be distributed, sold, or duplicated for any other purpose.
Source: SL 1972, ch 125, § 5 (2); SL 1991, ch 173; SL 1992, ch 153, § 4; SL 1998, ch 117, § 1; SL 2003, ch 118, § 1; SL 2014, ch 105, § 2; SL 2019, ch 98, § 1.
16-13-9.1. Master jury list defined.
For the purposes of this chapter, the master juror list shall be that list of names randomly selected by the state court administrator's office from the jury selection list, from which the various grand and petit jury panels shall be drawn.
Source: SL 1972, ch 125, § 5 (3); SL 1973, ch 135, § 2; SL 1982, ch 172, § 5; SL 1992, ch 153, § 6; SL 2003, ch 118, § 4.
16-13-9.2. Random selection of names placed on master jury list--Number of names--Electronic process authorized.
The state court administrator's office shall choose, at random, a number not less than one nor more than the total number of jurors to be placed on the master jury list. Using that random number, the state court administrator's office shall select from the jury selection list for each county the name corresponding to that random number in sequence. This process shall continue until the number of names provided for pursuant to § 16-13-2 is selected. The processes specified in this section may be performed electronically.
Source: SL 1972, ch 125, § 9; SL 1973, ch 135, § 3; SL 1982, ch 172, § 6; SL 1992, ch 153, § 7; SL 2003, ch 118, § 5; SL 2014, ch 105, § 3.
16-13-10. Qualifications of jurors.
Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror. Any member of the clergy, as defined in § 19-19-505, if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.
Source: SDC 1939, § 32.1001; SL 1947, ch 149; SL 1972, ch 125, § 11; SL 1973, ch 135, § 4; SL 1976, ch 150, § 1; SL 1982, ch 172, § 8A; SL 1991, ch 175; SL 1992, ch 153, § 11; SL 1997, ch 119, § 3; SL 1999, ch 106, § 1; SL 2006, ch 114, § 1.
16-13-10.1. Policy of state regarding jury selection and service.
It is the policy of the State of South Dakota that all litigants in the courts of this state entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross-section of the community in the municipality, district, or county where the court convenes. It is further the policy of the State of South Dakota that all citizens of this state, qualified for jury duty, shall have the opportunity to be considered for service on grand and petit juries in the courts of this state, and shall have an obligation to serve as jurors when summoned for that purpose.
Source: SL 1972, ch 125, § 2.
16-13-10.2. Discrimination prohibited.
No citizen shall be excluded from service as a grand or petit juror in the courts of this state on account of race, color, religion, sex, national origin, or economic status.
Source: SL 1972, ch 125, § 3.
16-13-10.3. Certain elderly persons may be excused upon request.
Any person eighty years of age or older may request to be excused from jury duty. The judge shall give substantial weight to the person's request to be relieved from jury duty, balancing the request with the need to impanel a jury.
Source: SL 2009, ch 104, § 1.
16-13-10.4. Breastfeeding mothers and new parents exempt from jury duty.
The parent of a child expected to be born during, or immediately prior to, the scheduled jury duty or a mother breastfeeding a baby younger than one year may submit a written request for an exemption from jury duty to the clerk of court within ten days of receiving the summons for jury duty. A parent who gives written notice shall be exempt from jury duty if the baby is less than six weeks old. A mother shall be exempt from jury duty if she is breastfeeding a baby younger than one year.
Source: SL 2012, ch 114, § 1.
16-13-13. Signing and filing of master juror list--Preparation of separate tickets by clerk of court--Electronic process authorized.
Promptly upon completion of the master juror list, and in any event before October first in each year, the clerk of courts shall sign and file the list. The list shall be kept on file for four years. The clerk of courts shall then prepare separate tickets for each person named in the master juror list, unless a name is stricken pursuant to § 16-13-15. This process may be performed electronically.
Source: SL 1935, ch 85, §§ 5, 7; SDC 1939 & Supp 1960, § 32.1006; SL 1972, ch 125, § 12; SL 1982, ch 172, § 9; SL 1983, ch 163, § 2; SL 1992, ch 153, § 12; SL 2003, ch 118, § 8; SL 2014, ch 105, § 4.
16-13-15. Review of qualifications of jurors on master jury list--Removal of disqualified persons from list--Record of reasons for disqualification.
The clerk of courts shall ascertain whether each of the persons on the master juror list has the qualifications of a juror as provided by § 16-13-10 from the information available from records of the county or other readily available sources, or has served as a juror within two years. A person has served as a juror if that person has been summoned and appeared for a trial. If, at any time, it appears that any person listed does not have the qualifications to serve as a juror or has served as a juror within two preceding years, the clerk of courts shall strike the name from the list and draw another in its place if necessary. The clerk of courts shall adjust the number to be drawn to allow for the elimination of the names of those disqualified.
The clerk of courts shall record with the list of jurors the reasons for disqualification of any person stricken from the master jury list.
Source: SL 1935, ch 85, § 8; SDC 1939 & Supp 1960, § 32.1007; SL 1972, ch 125, § 13; SL 1974, ch 156; SL 1982, ch 172, § 10; SL 1992, ch 153, § 13; SL 1996, ch 144, § 1; SL 1997, ch 119, § 4; SL 2003, ch 118, § 9; SL 2014, ch 105, § 5; SL 2022, ch 54, § 1.
16-13-18.1. Random selection process defined.
For the purposes of this chapter, the jury selection process determined by § 16-13-9.2 shall be known as the "random selection process."
Source: SL 1973, ch 135, § 8.
16-13-18.2. Enforcement of chapter by Supreme Court.
The Supreme Court may by rule make provisions to see that this chapter is enforced properly in every county within the state.
Source: SL 1973, ch 135, § 9; SL 1978, ch 178, § 574.
16-13-18.3. Responsibility of circuit presiding judge--Variation of process to meet local conditions--Approval and filing of variations.
The presiding judge of each circuit shall administer and enforce the jury selection provisions of this chapter. Such judge may vary the terms of the random selection process to meet local conditions in any county or jury district in the circuit if such changes are consistent with the terms of this chapter. Such changes shall be reduced to writing, approved by the Supreme Court pursuant to § 16-13-18.2 and filed with the clerk of the court in any county affected by the changes with the other materials required to be preserved by § 16-13-31.1.
Source: SL 1973, ch 135, § 10; SL 1978, ch 178, § 575; SL 1997, ch 119, § 5.
16-13-18.4. Creation of jury district for county with population of less than five thousand.
If any county within a circuit has a population of less than five thousand, the presiding circuit court judge may create a jury district by joining that county with one or more other counties within the circuit until the total population of the counties exceeds ten thousand. Each county within a jury district is entitled to pro rata representation upon the master jury list to be computed by the presiding judge upon the basis of the last official census.
Source: SL 1997, ch 119, § 1; SL 1998, ch 116, § 2.
16-13-19. Additional selections if master list inadequate.
If the master list proves to be inadequate to provide such panels as may be ordered, the court may order that additional names be placed on the master list. The additional selections shall substantially conform to the apportionment and manner of selection of the original list, as set forth in § 16-13-9.2.
Source: SL 1935, ch 85, § 9; SDC 1939 & Supp 1960, § 32.1008; SL 1982, ch 172, § 14.
16-13-20. Summons of grand jury.
The grand jury shall be summoned in the same manner as provided for summoning petit juries.
Source: SL 1867-8, ch 19, § 5; PolC 1877, ch 19, § 6; SL 1885, ch 62, § 1; CL 1887, § 445; SL 1891, ch 73, § 1; RPolC 1903, § 710; RC 1919, § 5285; SDC 1939 & Supp 1960, § 32.1009; SL 1978, ch 178, § 572.
16-13-21. Circuit court order required for summons of grand jury.
A grand jury shall not be drawn, summoned, or required to attend at the sitting of any circuit court unless the judge thereof shall so direct by written order under his hand filed with the clerk of courts.
Source: SL 1895, ch 64, § 7; SL 1899, ch 74; RPolC 1903, § 710; RCCrimP 1903, § 162; SL 1905, ch 92; RC 1919, § 5285; SDC 1939 & Supp 1960, § 32.1009; SL 1978, ch 178, § 573; SL 1979, ch 159, § 3.
16-13-22. Circuit court order for selection of petit jury--Specifications of order.
The presiding judge of each circuit, or a judge of the circuit court designated by the presiding judge, shall issue an order prior to October first of each year to the clerk of courts that a petit jury for the county or jury district be selected. The order shall specify the total number of jurors to be selected, the number of panels or sections of the panels into which the number of jurors are to be arranged, and the period of time of service during the year for each panel or section. The names shall be selected for each panel or section by lot as provided in § 16-13-27.
Source: SDC 1939 & Supp 1960, § 32.1010; SL 1982, ch 172, § 15; SL 1983, ch 163, § 3; SL 1997, ch 119, § 6.
16-13-23. Time for selection of jury panels.
Within fifteen days from the receipt of the order provided in § 16-13-22, but no later than the first day of November, the clerk of courts shall select the jury panels.
Any such officer who is not disqualified may act by deputy.
Source: SL 1935, ch 85, § 10; SL 1937, ch 91; SDC 1939 & Supp 1960, § 32.1011; SL 1972, ch 125, § 17; SL 1982, ch 172, § 16; SL 1992, ch 153, § 14; SL 2015, ch 118, § 1.
16-13-27. Electronic selection system used to fill jury panels.
The clerk of courts shall use an electronic selection system to fill the jury panels with names from the master jury list. The clerk of courts shall sign the list to indicate that the selection was fairly performed to the best of the clerk's knowledge.
Source: SL 1935, ch 85, § 10; SL 1937, ch 91; SDC 1939 & Supp 1960, § 32.1011; SL 1972, ch 125, § 19; SL 1982, ch 172, § 19; SL 1983, ch 163, § 4; SL 1992, ch 153, § 15; SL 2015, ch 118, § 2.
16-13-28. Disregard and replacement of jurors who have served.
If any person whose name has been drawn has served as a juror in any state court of record in the county since the verification and drawing of the master jury list, such name shall be disregarded and another drawn in its place. A person has served as a juror if he has been summoned and appeared for a trial.
Source: SL 1937, ch 91; SDC 1939 & Supp 1960, § 32.1011; SL 1982, ch 172, § 20; SL 1992, ch 153, § 16.
16-13-29. First names drawn as grand jury.
If the calling of a grand jury has been directed the first names drawn to the required number, shall constitute the grand jury.
Source: SL 1935, ch 85, § 11; SDC 1939 & Supp 1960, § 32.1011.
16-13-31. Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance.
No irregularity or omission upon the part of the state court administrator's office or of any officer, in the performance of any duty imposed by this chapter, serves to invalidate the panel of grand or petit jurors selected unless it shall be made to appear to the satisfaction of the court for which the panel was drawn that there was such misfeasance or malfeasance as would tend to deprive some litigant or person charged with crime of a substantial right, in which event the court may dismiss any or all members of the panel from the trial of such case or the consideration of such matter or for the term and may make such order respecting the drawing of additional names from the list or a new panel or a special venire as the court may deem proper.
Source: SL 1935, ch 85, § 12; SDC 1939 & Supp 1960, § 32.1012; SL 1972, ch 125, § 21; SL 2003, ch 118, § 10; SL 2015, ch 118, § 3.
16-13-31.1. Preservation of jury selection records--Public inspection.
All records, lists, papers, tickets, and other materials used in all stages of the jury selection process shall be preserved in the custody of the clerk of courts for four years or for such longer period as may be required by the court and shall, upon court order, be available for inspection for the purpose of determining the validity of the selection of any jury.
Source: SL 1972, ch 125, § 20; SL 2009, ch 277 (Supreme Court Rule 08-07), eff. Nov. 1, 2008.
16-13-32. Neglect of officer's duty or malfeasance as contempt of court.
Neglect of any officer to perform any duty imposed by this chapter, or the corrupt malfeasance of any such duty shall be deemed a contempt of the circuit court, and may be punished as such in the discretion of the court.
Source: SL 1935, ch 85, § 13; SDC 1939 & Supp 1960, § 32.1013.
16-13-33. Improper listing of names drawn as misdemeanor.
Every person authorized by law to assist at the drawing of any jurors to attend any court, who intentionally puts or consents to putting upon any list of jurors, as having been drawn, any name which shall not have been drawn for that purpose in the manner prescribed by law; or who omits to place on such list any name that shall have been drawn in the manner prescribed by law; or who signs or certifies any list of jurors as having been drawn which was not drawn according to law; or who is guilty of any other unfair, partial, or improper conduct in the drawing of any such list of jurors, is guilty of a Class 2 misdemeanor.
Source: PenC 1877, § 133; CL 1887, § 6333; RPenC 1903, § 139; RC 1919, § 3721; SDC 1939, § 13.1210; SL 1979, ch 150, § 1.
16-13-34. Notice to jurors drawn for circuit court panel--Return of acceptance of service.
Unless processed electronically, after the panel or panels of jurors have been drawn, the clerk of courts shall mail to each juror, at least sixty days prior to the time the juror is to serve, a notice that such person has been drawn as a juror.
The notice shall state the time and place the juror shall serve and shall have attached thereto an acceptance of service to be signed by each juror. There shall also be enclosed with the notice a stamped envelope addressed to the clerk of courts for the return of the acceptance of service. Each juror shall sign the acceptance of service of the notice, answer any questionnaires enclosed with the acceptance, and mail it to the clerk of courts or respond electronically using the court's juror website within ten days after receipt.
Source: SL 1911, ch 229; RC 1919, § 5295; SDC 1939 & Supp 1960, § 32.1015; SL 1982, ch 172, § 21; SL 1983, ch 163, § 5; SL 1992, ch 153, § 17; SL 2003, ch 118, § 11.
16-13-35. Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation.
If any juror residing in the county shall fail, neglect, or refuse to sign the acceptance of service provided in § 16-13-34 and to mail such acceptance to the clerk of courts within fifteen days after service of the notice on said juror, the notice shall be served on such juror by the sheriff. The amount of the sheriff's fees shall be endorsed on the notice with the return of the sheriff, and the amount of such fees shall be paid by such juror and shall be deducted by the clerk of courts from the compensation the juror would be entitled to receive for his attendance before the court.
Source: SL 1911, ch 229, § 1; RC 1919, § 5295; SDC 1939 & Supp 1960, § 32.1015; SL 1982, ch 172, § 22.
16-13-37. Judges to prescribe manner in which jury panels utilized and how summoned.
The presiding judge of each circuit, or a judge of the circuit designated by him, shall prescribe the manner in which the jury panels are to be utilized for the trial of cases in the counties of the circuit and how they shall be summoned.
Source: SL 1890, ch 78, § 21; RProbC 1903, § 14; RC 1919, § 5303; SDC 1939 & Supp 1960, § 32.1016; SL 1982, ch 172, § 24.
16-13-37.1. Magistrate court utilization of jury panels.
The petit jury panels selected pursuant to § 16-13-27 shall be utilized by the magistrate court as prescribed by the presiding judge of the circuit.
Source: SL 1972, ch 124; SL 1982, ch 172, § 25.
16-13-39. Magistrate court powers and procedure in summoning jury and witnesses.
The magistrate court shall have the same power to compel the attendance of jurors and witnesses as has the circuit court and shall be governed by the same rules in impaneling a jury.
Source: SL 1890, ch 78, § 21; RProbC 1903, § 14; RC 1919, § 5303; SDC 1939 & Supp 1960, § 32.1016.
16-13-41. Duty of jurors to appear when summoned.
Each grand and petit juror summoned shall appear before the court on the day and at the hour specified in the summons and shall not depart without leave of court.
Source: SL 1867-8, ch 19, § 10; PolC 1877, ch 19, § 11; CL 1887, § 445; RPolC 1903, § 720; RC 1919, § 5296; SDC 1939 & Supp 1960, § 32.1017.
16-13-41.1. Discharge or suspension from employment for jury service as misdemeanor.
No person shall discharge any employee or suspend any employee from his employment for serving as a juror in any court in the State of South Dakota. Any person violating this section is guilty of a Class 2 misdemeanor.
Source: SL 1974, ch 324, § 1; SL 1979, ch 150, § 2.
16-13-41.2. Retention of employment status during jury status--Pay.
Any employee serving as provided in § 16-13-41.1 shall retain and be entitled to the same job status, pay, and seniority as he had prior to performing jury duty. Such temporary leave of absence while performing jury duty may be with or without pay within the discretion of the employer.
Source: SL 1974, ch 324, § 2.
16-13-42. Summons of additional jurors to supply deficiencies in panel--Procedure where jury list exhausted.
If any person summoned as grand and petit juror does not appear before the court, or if for any cause the panel of grand or petit jurors is not complete, or if no jury is drawn as provided by § 16-13-27, the court shall order the clerk of courts to summon without delay persons having the qualifications of jurors, whose names appear upon the master jury list, and if the jury list is exhausted then the clerk of courts shall request from the state court administrator's office additional names on the master list pursuant to § 16-13-9.2. The trial court shall designate the persons authorized to assist the clerk of courts in contacting those summoned. The clerk and authorized assistants shall make and file with the court a memorandum of the manner in which attempts to contact additional jurors were made, responses or lack thereof, and the name of each additional juror contacted. Each person so summoned shall forthwith appear before the court, and, if competent, shall serve on the grand or petit jury as the case may be unless excused or lawfully challenged.
Source: SL 1867-8, ch 19, § 11; PolC 1877, ch 19, § 12; CL 1887, § 445B; RPolC 1903, § 721; RC 1919, § 5297; SL 1935, ch 84; SDC 1939 & Supp 1960, § 32.1018; SL 1972, ch 125, § 22; SL 1978, ch 178, § 576; SL 1982, ch 172, § 28; SL 1984, ch 151, § 1; SL 2003, ch 118, § 12.
16-13-43. Summons of additional jurors when panel exhausted by challenges.
Whenever the panel of petit jurors shall be exhausted by the challenges of either party in any action, the judge of the court shall order the sheriff, deputy sheriff, or coroner to summon, without delay, a sufficient number of persons possessing the qualifications of jurors to complete the number requisite for a jury in that particular case.
Source: SL 1867-8, ch 19, § 12; PolC 1877, ch 19, § 13; CL 1887, § 445C; RPolC 1903, § 722; RC 1919, § 5298; SDC 1939 & Supp 1960, § 32.1019.
16-13-44. Application for jury duty prohibited--Report to circuit court--Violation as misdemeanor.
No person shall make application to any sheriff or deputy sheriff in this state to summon either himself or any other designated person to serve as a juror in any court. Any sheriff or deputy sheriff to whom an application is made to summon a designated person to serve as a juror shall forthwith report the name of the person making the application and the name of the person designated to the presiding judge of the circuit court of the circuit in which such application is made, for entry in the minutes of the court. Violation of this section is a Class 2 misdemeanor.
Source: SL 1903, ch 170, §§ 1 to 3; RC 1919, §§ 3723 to 3725; SDC 1939, § 13.1209; SL 1979, ch 150, § 3.
16-13-45. Failure to appear for jury duty or return jury questionnaire as contempt of court--Penalty.
If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined by the court in any sum not less than fifty nor more than five hundred dollars. If any person, when a second order of attachment is issued, neglects or refuses to appear, such person may be fined as above provided and imprisoned by the court not longer than ten days in the county jail.
Source: SL 1867-8, ch 19, § 15; PolC 1877, ch 19, § 15; CL 1887, § 445E; RPolC 1903, § 723; RC 1919, § 5299; SDC 1939 & Supp 1960, § 32.1020; SL 2013, ch 100, § 1.
16-13-46. Jurors' per diem and mileage--Appearance fee--Certification and payment.
Each juror for each day's attendance upon the circuit court or the magistrate court shall receive fifty dollars, and mileage at such rate as may be established pursuant to § 3-9-1 for each mile actually and necessarily traveled, to be paid by the county. However, any juror called but not impaneled shall receive an appearance fee of ten dollars and, in addition, mileage at such rate as may be established pursuant to § 3-9-1 for each mile actually and necessarily traveled. Such juror's fees, except as provided in § 16-13-47, shall be paid by the county treasurer upon the presentation of warrants. The warrants shall be issued by the county auditor forthwith upon filing of each juror's certificate of attendance. Each certificate shall bear the endorsement or certificate of the clerk of the court in which such fees accrued to the effect that the certificate is accurate as to the time expended and the amount of fees claimed.
Source: SDC 1939, § 32.1021; SL 1947, ch 150; SL 1949, ch 124; SL 1955, ch 127; SL 1967, ch 141; SL 1974, ch 157, § 1; SL 1975, ch 162, § 12; SL 1984, ch 152, § 1; SL 1991, ch 176, § 1; SL 1999, ch 107, § 1.
16-13-47. Jurors' expenses and fees in cases on violation of municipal laws.
Jurors' expenses and fees for cases involving violations of municipal charter, ordinance, or bylaw shall be paid by the city treasurer at the close of the trial upon warrants issued by the city auditor.
Source: SL 1907, ch 191, § 24; SL 1909, ch 176, § 8; SL 1911, ch 196, § 7; SL 1913, ch 278, § 6; RC 1919, § 5306; SL 1919, ch 181; SDC 1939, § 32.1021; SL 1947, ch 150; SL 1949, ch 124; SL 1955, ch 127; SL 1967, ch 141; SL 1974, ch 157, § 2; SL 1975, ch 162, § 13.
16-13-47.1. Weekly payment of jurors.
Any juror having compensation or mileage or both due and owing him may receive payment for it at the end of every week.
Source: SL 1974, ch 157, § 5.
16-13-49. Permitting improper communication with jury as misdemeanor.
Every officer to whose charge any jury is committed by any court or magistrate, who negligently or intentionally permits them or any one of them:
(1) To receive any communication from any person;
(2) To make any communication to any person;
(3) To obtain or receive any book or paper; or
(4) To leave the jury room without the leave of such court or magistrate first obtained; is guilty of a Class 2 misdemeanor.
Source: PenC 1877, § 134; CL 1887, § 6334; RPenC 1903, § 140; RC 1919, § 3722; SDC 1939, § 13.1212; SL 1979, ch 150, § 4.
