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Uniform State Code

South Dakota · Military Affairs · §§ 33-10-1 to 33-10-99 · 287 sections

Overview

This act establishes a system of military justice for a state's organized militia, setting out the procedures by which alleged offenses by service members are investigated, charged, and tried before courts-martial. It provides for pretrial investigation of charges and their referral for trial, defines the qualifications and duties of trial counsel, defense counsel, and the military judge, and guarantees the accused rights including notice of the charges, representation by counsel, examination of witnesses, and presence at the proceedings. It also governs the composition and impartiality of courts-martial through oaths and peremptory and for-cause challenges, sets limitation periods for bringing charges, protects against double jeopardy, and provides mechanisms for compelling witnesses and paying witness fees.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

Enacted in other states

West Virginia

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