Section 23A-14-4 - Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued byclerk of court.
23A-14-4. Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by clerk of court. A committing magistrate before whom a complaint is laid shall, when requested, issue subpoenas, subscribed by him, for witnesses within the state, either on behalf of the state or the defendant.
The clerk of the court at which an indictment or information is to be tried shall issue a subpoena without charge, signed and sealed but otherwise blank, to a party requesting it, who shall fill in the blanks before it is served.
Source: SDC 1939 & Supp 1960, § 34.2401; SDCL, §§ 23-40-2, 23-40-4; SL 1978, ch 178, § 178.