South Dakota Motion for Psychiatric Examination of Defendant

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State:
Multi-State
Control #:
US-00802
Format:
Word; 
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Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

A subpoena to a non-party shall be served not fewer than 10 days before the time specified for compliance. (c) Notice to Parties. The party serving a subpoena on a non-party pursuant to Rule 58.02(a) shall provide a copy of the subpoena to every party as if it were a pleading.

Suspended imposition of sentence (SIS) is a procedure that seals the record of an offense for an individual who has pled guilty or been convicted. A person may receive one misdemeanor SIS and one felony SIS in South Dakota for their lifetime. This applies to residents and non-residents of South Dakota.

A person who uses or threatens to use deadly force in ance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.

Codified Laws § 15-6-45(c) The subpoena may be served by any officer or person qualified to make service of a summons. The subpoena shall be served in the same manner as a summons is served, excepting that no service by publication is authorized.

If it's a subpoena for appearance, it will also list the data, time, and location when the appearance is required. If it's a subpoena for documents, it will describe what documents are required. Finally, for state court, the subpoena must be served at least 7 days before the date on which the appearance is required.

The subpoena should be served at least two weeks before the trial date. If there are unforeseen circumstances, subpoenas may be served later, but they must always be served at least three days before the trial.

The subpoena must be served sufficiently in advance of the date upon which the appearance of the witness is required to enable such witness to reach such place by any ordinary or usual method of transportation which he may elect.

[¶30.] Under South Dakota law, a person is guilty of disorderly conduct if that person ?intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by: (1) [e]ngaging in fighting or in violent or threatening behavior.? SDCL 22-13-1(1) (emphasis added).

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South Dakota Motion for Psychiatric Examination of Defendant