It shall be the duty of the court, of its own motion and without waiting for objection, to advise a witness at the appropriate time of his right to refuse to answer any question requiring the disclosure of any privileged communication or requiring or tending to require the witness to give testimony which might incriminate him, but the last clause shall not apply to a defendant in a criminal case who takes the stand to testify in his own behalf.
S.D. Codified Laws § 19-2-8
Court to advise witnesses as to privileged communications and privilege against self-incrimination
Applied in 7 court decisions — leading case State v. Nelson (1998)
Most recently applied in State v. Nelson (December 1998)
Source: Supreme Court Rule 498, 1939; SDC 1939 & Supp 1960, § 36.0103.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.