South Dakota § 23A-41-4 (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.

South Dakota Statutes

§ 23A-41-4 — (Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.

South Dakota § 23A-41-4

Title 23ACRIMINAL PROCEDURE

Ch. 23A-41(RULE 45) TIME ALLOWED

This text of South Dakota § 23A-41-4 ((Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-41-4 (2026).

Text

A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time.

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A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time.