South Dakota Statutes

§ 23A-8-8 — (Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.

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

This text of South Dakota § 23A-8-8 ((Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.) 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-8-8 (2026).

Text

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 deferred if a party's right to appeal is adversely affected. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record.

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Related

State v. Holiday
335 N.W.2d 332 (South Dakota Supreme Court, 1983)
28 case citations
State v. Abourezk
359 N.W.2d 137 (South Dakota Supreme Court, 1984)
14 case citations

Legislative History

SL 1978, ch 178, § 113.

Nearby Sections

15
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Bluebook (online)
South Dakota § 23A-8-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-8-8.