23A-8-8.(Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.
A motion made before a trial shall be determined before the trial unless the court, for good cause, orders that it be deferred for determination at the trial of the general issue or until after the verdict, but no such determination shall be deferred if a party's right to appeal is adversely affected. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record.
Source: SL 1978, ch 178, §113.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 08 - (Rule 12) Pleadings And Pretrial Motions
Section 23A-8-1 - (Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.
Section 23A-8-2 - Grounds for dismissal of indictment or information on motion.
Section 23A-8-4 - (Rule 12(c)) Setting time for making and hearing motions.
Section 23A-8-5 - Subsequent hearing on motion to suppress newly discovered evidence.
Section 23A-8-8 - (Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.
Section 23A-8-10 - (Rule 12(g)) Record of hearing on motions.