23A-5-3.(Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.Either the prosecuting attorney or a defendant may challenge the array of grand jurors on the ground that a grand jury was not selected, drawn or summoned in accordance with law and may challenge an individual grand juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be tried by the circuit court. Source: SDC 1939 & Supp 1960, §§34.1204, 34.1205; SDCL, §§23-29-2, 23-29-5; SL 1978, ch 178, §46.
South Dakota Legal Code