South Dakota statute
SDCL § 23A-8-3 — (Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 8: (Rule 12) Pleadings And Pretrial Motions, South Dakota Codified Laws.
Full text of SDCL § 23A-8-3
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised prior to trial:
(1) Defenses and objections based on defects in the institution of the prosecution;
(2) Defenses and objections based upon prior conviction or acquittal;
(3) Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings);
(4) Motions to suppress evidence;
(5) Requests for discovery under chapter 23A-13; or
(6) Requests for a severance of charges or defendants under § 23A-11-2.
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