23A-44-1.(Rule 47) Application for order to be by motion--When writing required--Contents--Supporting affidavit.
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 may be supported by an affidavit.
Source: SL 1978, ch 178, ยง534.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 44 - Miscellaneous Administrative Provisions
Section 23A-44-3 - Dismissal of charges for unnecessary delay in prosecution.
Section 23A-44-4 - Discharge of defendant and release of bail on dismissal of charges.
Section 23A-44-5 - Subsequent prosecution not barred by dismissal.
Section 23A-44-5.1 - Time allowed for disposition of criminal case--Periods excluded--Dismissal.
Section 23A-44-6 - Trial in one county as bar to prosecution in another.
Section 23A-44-7 - Service on parties of motions, notices, and similar papers.
Section 23A-44-8 - (Rule 49(b)) Service on attorney for party--Service as in civil proceedings.
Section 23A-44-11 - (Rule 50(a)) Placement on calendars--Preference to criminal proceedings.
Section 23A-44-14 - (Rule 52(a)) Defects not affecting substantial rights disregarded.
Section 23A-44-15 - (Rule 52(b)) Plain error noticed though not brought to court's attention.