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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-8-9: (Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver.

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Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-8. (RULE 12) PLEADINGS AND PRETRIAL MOTIONS

Failure by a party to raise defenses or objections or to make requests which must be made prior to trial, at the time set by a court pursuant to § 23A-8-4, or prior to any extension thereof made by the court, shall constitute a waiver thereof, but the court for cause shown may grant relief from the waiver.

Source: Supreme Court Rule 382, 1939; SDC 1939 & Supp 1960, § 34.3509; SDCL, § 23-36-2; SL 1978, ch 163; SL 1978, ch 178, § 114.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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