South Dakota Statutes

§ 23A-8-1 — (Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.

South Dakota § 23A-8-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-8(RULE 12) PLEADINGS AND PRETRIAL MOTIONS

This text of South Dakota § 23A-8-1 ((Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.) 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-8-1 (2026).

Text

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 and motions to quash are abolished, and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by a motion to dismiss or to grant appropriate relief as provided in this title.

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Related

State v. Reiman
284 N.W.2d 860 (South Dakota Supreme Court, 1979)
122 case citations
State v. High Elk
298 N.W.2d 87 (South Dakota Supreme Court, 1980)
13 case citations

Legislative History

SDC 1939 & Supp 1960, § 34.3006; SDCL, § 23-32-3; SL 1978, ch 178, § 107; SL 1983, ch 174, § 7.

Nearby Sections

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Bluebook (online)
South Dakota § 23A-8-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-8-1.