§ 23A-8-1 (Rule 12(a)) Pleadings enumerated–Motions replacing previous forms of pleadings
§ 23A-8-2 Grounds for dismissal of indictment or information on motion
§ 23A-8-3 (Rule 12(b)) Defenses and objections raised by motion–Issues that must be raised beforetrial
§ 23A-8-4 (Rule 12(c)) Setting time for making and hearing motions
§ 23A-8-5 Subsequent hearing on motion to suppress newly discovered evidence
§ 23A-8-6 (Rule 12(d)(1)) Notice to defendant of prosecutor’s intention to use specified evidence
§ 23A-8-8 (Rule 12(e)) Determination of motions before trial–Deferment to trial–Findings as to fact
§ 23A-8-9 (Rule 12(f)) Waiver of defenses or objections by failure to raise before trial–Relief fromwaiver
§ 23A-8-10 (Rule 12(g)) Record of hearing on motions
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 8 - (Rule 12) Pleadings and Pretrial Motions

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2