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Code · South Dakota · Title 23 · Chapter 23-13

23A-13-9. Testimony stricken when prosecution elects not to produce prior statement--Mistrial.

72 words·~1 min read·/sd/title-23/chapter-23-13/23a-13-9

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If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.
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