South Dakota Statutes

§ 23A-9-1 — (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.

South Dakota § 23A-9-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-9(RULE 12.1) NOTICE OF ALIBI

This text of South Dakota § 23A-9-1 ((Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.) 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-9-1 (2026).

Text

Within the time specified in § 23A-8-4 for pretrial motions, upon written demand of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, a defendant shall serve within ten days, or at such different time as the court may direct, upon the prosecuting attorney a written notice of his intention to offer a defense of alibi. The notice shall state the specific place or places where the defendant claims he was at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.

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Related

State v. Reiman
284 N.W.2d 860 (South Dakota Supreme Court, 1979)
122 case citations
State v. Basker
468 N.W.2d 413 (South Dakota Supreme Court, 1991)
74 case citations
State v. Tchida
347 N.W.2d 338 (South Dakota Supreme Court, 1984)
51 case citations
State v. Nelson
310 N.W.2d 777 (South Dakota Supreme Court, 1981)
34 case citations
State v. Gehm
1999 SD 82 (South Dakota Supreme Court, 1999)
16 case citations
State v. Reyes
2005 SD 46 (South Dakota Supreme Court, 2005)
10 case citations
Michael Jenner v. Joe Class
(Eighth Circuit, 1996)

Legislative History

Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, § 34.2801; SDCL, § 23-37-5; SL 1974, ch 168, § 1; SL 1978, ch 178, § 117.

Nearby Sections

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Bluebook (online)
South Dakota § 23A-9-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-9-1.