South Dakota Statutes
§ 23A-8-9 — (Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver.
South Dakota § 23A-8-9
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-8(RULE 12) PLEADINGS AND PRETRIAL MOTIONS
This text of South Dakota § 23A-8-9 ((Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver.) 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-8-9 (2026).
Text
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, shall constitute a waiver thereof, but the court for cause shown may grant relief from the waiver.
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Related
State v. Medicine Eagle
2013 SD 60 (South Dakota Supreme Court, 2013)
State v. Haase
446 N.W.2d 62 (South Dakota Supreme Court, 1989)
State v. Shelton
2017 SD 55 (South Dakota Supreme Court, 2017)
Legislative History
Supreme Court Rule 382, 1939; SDC 1939 & Supp 1960, § 34.3509; SDCL, § 23-36-2; SL 1978, ch 163; SL 1978, ch 178, § 114.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-8-9, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-8-9.