23A-8-1.(Rule 12(a)) Pleadings enumerated–Motions replacing previous forms of pleadings. Except for those offenses triable under §23A-4-2, pleadings in criminal proceedings are the complaint, the indictment, and the information. The pleas are not guilty, not guilty and not guilty by reason of insanity, guilty but mentally ill, guilty, and nolo contendere. All other pleas and demurrers […]
23A-8-10.(Rule 12(g)) Record of hearing on motions. A verbatim record shall be made of all proceedings at the hearing, including any findings of fact and conclusions of law which are made orally. Source: SL 1978, ch 178, §115.
23A-8-11.(Rule 12(h)) Continuation in custody or on bail after grant of defendant’s motion–Subsequent prosecution for same offense–Limitation statutes. If a court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail […]
23A-8-2. Grounds for dismissal of indictment or information on motion. Upon motion of a defendant made pursuant to subdivision 23A-8-3(1), (2), or (3), the court must dismiss an indictment or information in any of the following cases: (1)When it is not found, endorsed, and presented or filed as prescribed by this title; (2)When the names […]
23A-8-3.(Rule 12(b)) Defenses and objections raised by motion–Issues that must be raised before trial. Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised […]
23A-8-4.(Rule 12(c)) Setting time for making and hearing motions. A court may at the time of an arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing. Source: SL 1978, ch 178, §109.
23A-8-5. Subsequent hearing on motion to suppress newly discovered evidence. A court may set a subsequent hearing after the hearing set pursuant to §23A-8-4 for the purpose of hearing motions to suppress newly discovered evidence. Source: SL 1978, ch 178, §112.
23A-8-6.(Rule 12(d)(1)) Notice to defendant of prosecutor’s intention to use specified evidence. At an arraignment, or as soon thereafter as is practical, the prosecuting attorney may give notice to the defendant of his intention to use specified evidence at the trial, in order to afford the defendant an opportunity to raise objections to such evidence […]
23A-8-8.(Rule 12(e)) Determination of motions before trial–Deferment to trial–Findings as to fact. A motion made before a trial shall be determined before the trial unless the court, for good cause, orders that it be deferred for determination at the trial of the general issue or until after the verdict, but no such determination shall be […]
23A-8-9.(Rule 12(f)) Waiver of defenses or objections by failure to raise before trial–Relief from waiver. Failure by a party to raise defenses or objections or to make requests which must be made prior to trial, at the time set by a court pursuant to §23A-8-4, or prior to any extension thereof made by the court, […]
