SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW CHAPTER TO BE DESIGNATED
AT SDCL CHAPTER 15-5A RULE 06-69
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A hearing was held on October 3, 2006, at Sioux Falls, South Dakota, relating to the adoption of a new chapter to be designated at SDCL chapter 15-5A, and the Court having
considered the proposed adoption of a new chapter, the correspondence and oral presentations
relating thereto and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a proposed new chapter to be designated at SDCL chapter
15-5A, be and it is hereby adopted to read in its entirety as follows:
SDCL ch. 15-5A. "Interactive Audiovisual Device Use in Court Proceedings."
Whenever a proceeding in civil or criminal court is permitted
under these rules to be conducted by interactive audiovisual device, the device shall enable a judge
or magistrate to see and converse simultaneously with the parties, their counsel or other persons
including witnesses. The interactive audiovisual signal shall be transmitted live and shall be secure
from interception through lawful means by anyone other than the persons participating in the
Traffic offense proceedings.
At the discretion of the court, all traffic offense
proceedings may be conducted by interactive audiovisual device.
Pre-trial criminal proceedings.
At the discretion of the court, whenever the law
requires a defendant in a misdemeanor or felony criminal case to appear before a judge or
magistrate for an initial or subsequent appearance, bail, arraignment, or other pre-trial proceeding,
the proceeding may be conducted by interactive audiovisual device, in which case the defendant
shall not be required to be physically brought before the judge or magistrate.
Misdemeanor plea or sentencing hearings.
At the discretion of the court, misdemeanor
plea hearings and misdemeanor sentence hearings may be conducted by interactive audiovisual
At the discretion of the court, post-conviction
proceedings, including habeas corpus proceedings, may be conducted by interactive audiovisual
At the discretion of the court, interactive audiovisual devices
may be used to conduct detention, advisory, status, admissions, change of plea, dispositional and
review hearings in juvenile court. Judges may, in their discretion, require legal counsel or, if
proceeding pro se, a parent or legal guardian, to be physically present in the same location with a
juvenile who is appearing by means of interactive audiovisual device.
Grand jury proceedings.
At the discretion of the prosecuting attorney, grand jury
proceedings, including taking testimony of witnesses, may be conducted by interactive audiovisual
Where not permitted.
Use of interactive audiovisual device will not be permitted to
conduct any felony plea hearings, any stage of trial, felony sentencing, or probation revocation
hearing unless all parties to the proceeding stipulate to the use of the interactive audiovisual device
for one of the aforementioned purposes. The judge presiding over the matter always retains the
discretion not to allow an appearance by interactive audiovisual device if the judge believes that
to do so would prejudice any party to the proceeding.
Any proceeding where the court and parties agree.
Unless prohibited by any other
law, all other proceedings where the court and parties agree may be conducted by interactive
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2007.
DATED at Pierre, South Dakota, this 18th day of October, 2006.