Title 23A — CRIMINAL PROCEDURE

An application to a court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It…

Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in § 15-6-5(d). Source: SL 1978, ch 178 , § 543.

Each court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. Source: SL 1978, ch 178 , § 544. 23A-44-12. (Rule 50(b)) Reserved

23A-44-14 (Rule 52(a)) Defects not affecting substantial rights disregarded. 23A-44-15 (Rule 52(b)) Plain error noticed though not brought to court's attention. 23A-44-16

Exceptions to rulings or orders of a court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires…

Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. Source: SDC 1939 & Supp 1960, §§ 34.2902, 34.3002; SDCL, §§ 23-1-2, 23-32-20; SL 1978, ch 178 , § 547.

Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of a court. Source: SL 1978, ch 178 , § 548. 23A-44-16. Repealed by SL 2008, ch 118 , § 1.

23A-44-17 Content of record.

The record of any hearing, court trial or jury trial shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions. Source: SL 201…

A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant. Source: SDC 1939 & Supp 1960, § 34.2204; SDCL, § 23-34-7; …

If there is unnecessary delay in presenting a charge to a grand jury or in filing an information against a defendant who has been held to answer to a circuit court, or if there is unnecessary delay in bringing a defendant to trial, a court may dismiss his indictment, information …

If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him. Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-5; SL 1978, ch 17…

A dismissal under § 23A-44-2 , 23A-44-3 , or 23A-44-4 is not a bar to another prosecution for the same offense. Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-6; SL 1978, ch 178 , § 538.

(1) Every person indicted, informed or complained against for any offense shall be brought to trial within one hundred eighty days , and such time shall be computed as provided in this section. (2) Such one hundred eighty day period shall commence to run from the date the defenda…

When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another. Source: SDC 1939 & Supp 1960, § 34.0813; SDCL, § 23-2-13; SL 1978, ch 178 , § 539.

Written motions, other than those which are heard ex parte, written notices and similar papers shall be served upon each of the parties. Source: SL 1978, ch 178 , § 540.

Whenever under this title or by a court order, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon an attorney or upon a party …

23A-44-11 (Rule 50(a)) Placement on calendars--Preference to criminal proceedings. 23A-44-12