23A-26-10.(Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not unanimous.After a verdict is returned but before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged. Source: SDC 1939 & Supp 1960, §34.3673; SDCL, §23-45-25; SL 1978, ch 178, §328.
South Dakota Legal Code