23A-44-1.(Rule 47) Application for order to be by motion–When writing required–Contents–Supporting affidavit. An application to a court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which […]
23A-44-10.(Rule 49(d)) Filing with court of papers to be served–Filing as in civil proceedings. Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in §15-6-5(d). Source: SL 1978, ch 178, §543.
23A-44-11.(Rule 50(a)) Placement on calendars–Preference to criminal proceedings. Each court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. Source: SL 1978, ch 178, §544.
23A-44-13.(Rule 51) Exceptions not required to preserve objection–Objection not required when no opportunity. Exceptions to rulings or orders of a court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, […]
23A-44-14.(Rule 52(a)) Defects not affecting substantial rights disregarded. Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. Source: SDC 1939 & Supp 1960, §§34.2902, 34.3002; SDCL, §§23-1-2, 23-32-20; SL 1978, ch 178, §547.
23A-44-15.(Rule 52(b)) Plain error noticed though not brought to court’s attention. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of a court. Source: SL 1978, ch 178, §548.
23A-44-17. Content of record. The record of any hearing, court trial or jury trial shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions. Source: SL 2010, ch 255 (Supreme Court Rule 10-02), […]
23A-44-2.(Rule 48(a)) Dismissal of charges by prosecution–Defendant’s consent required during trial. A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant. Source: SDC 1939 & Supp 1960, §34.2204; SDCL, §23-34-7; […]
23A-44-3. Dismissal of charges for unnecessary delay in prosecution. If there is unnecessary delay in presenting a charge to a grand jury or in filing an information against a defendant who has been held to answer to a circuit court, or if there is unnecessary delay in bringing a defendant to trial, a court may […]
23A-44-4. Discharge of defendant and release of bail on dismissal of charges. If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him. Source: SDC 1939 & Supp […]
23A-44-5. Subsequent prosecution not barred by dismissal. A dismissal under §23A-44-2, 23A-44-3, or 23A-44-4 is not a bar to another prosecution for the same offense. Source: SDC 1939 & Supp 1960, §34.2203; SDCL, §23-34-6; SL 1978, ch 178, §538.
23A-44-5.1. Time allowed for disposition of criminal case–Periods excluded–Dismissal. (1)Every person indicted, informed or complained against for any offense shall be brought to trial within one hundred eighty days, and such time shall be computed as provided in this section. (2)Such one hundred eighty day period shall commence to run from the date the defendant […]
23A-44-6. Trial in one county as bar to prosecution in another. When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another. Source: SDC 1939 & Supp 1960, §34.0813; SDCL, §23-2-13; SL 1978, ch 178, §539.
23A-44-7. Service on parties of motions, notices, and similar papers. Written motions, other than those which are heard ex parte, written notices and similar papers shall be served upon each of the parties. Source: SL 1978, ch 178, §540.
23A-44-8.(Rule 49(b)) Service on attorney for party–Service as in civil proceedings. Whenever under this title or by a court order, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service […]
