reglab/housing_qa huggingface dataset:
SD Codified L § 23A-7-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-9 - (Rule 11(e)(2)) Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.

23A-7-9.(Rule 11(e)(2)) Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court, or on a showing of good cause, in chambers, at the time the plea is offered. The prosecuting attorney shall disclose on the record any comments on the plea agreement made by the victim, or his designee, of the defendant's crime to the prosecuting attorney. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the court accepts a plea agreement involving any felony charge, the prosecuting attorney shall file a brief written report, which includes the terms of the plea agreement and the ultimate reasons therefor, with the division of criminal investigation and, if the defendant is incarcerated in the state penitentiary, also with the warden thereof. Source: SL 1978, ch 178, §100; SL 1983, ch 183, §2; SL 1985, ch 194, §2.
SD Codified L § 23A-7-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.

23A-7-10.(Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.If a court accepts the plea agreement, it shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement. Source: SL 1978, ch 178, §101.
SD Codified L § 23A-7-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-11 - (Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.

23A-7-11.(Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.If a court rejects the plea agreement, it shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in chambers, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, if a plea has been entered, and advise him that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to him than that contemplated by the plea agreement. Source: SL 1978, ch 178, §102.
SD Codified L § 23A-7-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.

23A-7-12.(Rule 11(e)(5)) Time of notification to court of plea agreement.Notification to the court of the existence of a plea agreement shall be given at the arraignment or at such other time, prior to trial, as may be fixed by the court. Source: SL 1978, ch 178, §103.
SD Codified L § 23A-7-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-13 - (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.

23A-7-13.(Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.Except as provided in this section, evidence of a plea of guilty or nolo contendere which was later withdrawn, of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to a plea of guilty or nolo contendere, later withdrawn, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for perjury if the statement was made by the defendant under oath, on the record, and in the presence of counsel. Source: SL 1978, ch 178, §104.
SD Codified L § 23A-7-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-14 - (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.

23A-7-14.(Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.The court shall defer acceptance of any plea except a plea of nolo contendere until it is satisfied that there is a factual basis for the offense charged or to which the defendant pleads. Source: SL 1978, ch 178, §105; SL 1980, ch 179, §2.
SD Codified L § 23A-7-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.

23A-7-15.(Rule 11(g)) Record of proceedings at which plea entered--Contents.A verbatim record of the proceedings at which a defendant enters a plea shall be made and, if there is a plea of guilty or nolo contendere, the record shall include, without limitation, the court's advice to the defendant, the inquiry into the voluntariness of the plea including any plea agreement, and the inquiry into the factual basis of a guilty plea. A verbatim record of a proceeding at which a defendant enters a plea to a misdemeanor need not be taken unless requested by the prosecuting attorney or the defendant. Source: SL 1978, ch 178, §106; SL 1979, ch 159, §7.
SD Codified L § 23A-7-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 07 - Arraignment And Pleas|Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.

23A-7-16. Guilty but mentally ill plea--Prerequisites to acceptance.In addition to the requirements of §§23A-7-4 and 23A-7-5, if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined the reports. The court shall hold a hearing on the defendant's mental condition and, if there is a factual basis on which the court can conclude that the defendant was mentally ill at the time of the offense, the plea shall be accepted. Source: SL 1983, ch 174, §6; SL 2016, ch 135, §1.
SD Codified L § 23A-8-1 (2021)
2021 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.

23A-8-1.(Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.Except for those offenses triable under §23A-4-2, pleadings in criminal proceedings are the complaint, the indictment, and the information. The pleas are not guilty, not guilty and not guilty by reason of insanity, guilty but mentally ill, guilty, and nolo contendere. All other pleas and demurrers and motions to quash are abolished, and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by a motion to dismiss or to grant appropriate relief as provided in this title. Source: SDC 1939 & Supp 1960, §34.3006; SDCL, §23-32-3; SL 1978, ch 178, §107; SL 1983, ch 174, §7.
SD Codified L § 23A-8-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-2 - Grounds for dismissal of indictment or information on motion.

23A-8-2. Grounds for dismissal of indictment or information on motion.Upon motion of a defendant made pursuant to subdivision 23A-8-3(1), (2), or (3), the court must dismiss an indictment or information in any of the following cases:(1)When it is not found, endorsed, and presented or filed as prescribed by this title;(2)When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;(3)When it does not substantially conform to the requirements of this title;(4)When more than one offense is charged in a single count;(5)When it does not describe a public offense;(6)When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;(7)When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged;(8)When a person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration, except as provided in §23A-5-11; or(9)When a defendant charged by information did not have or waive a preliminary hearing before the information was filed. Source: Supreme Court Rule 382, 385, 1939; SDC 1939 & Supp 1960, §§34.3509, 34.3514; SDCL, §§23-36-1, 23-36-8; SL 1978, ch 178, §107-A; SL 1979, ch 159, §46.
SD Codified L § 23A-8-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-3 - (Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial.

23A-8-3.(Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial.Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised prior to trial:(1)Defenses and objections based on defects in the institution of the prosecution;(2)Defenses and objections based upon prior conviction or acquittal;(3)Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings);(4)Motions to suppress evidence;(5)Requests for discovery under chapter 23A-13; or(6)Requests for a severance of charges or defendants under §23A-11-2. Source: SL 1978, ch 178, §108.
SD Codified L § 23A-8-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-4 - (Rule 12(c)) Setting time for making and hearing motions.

23A-8-4.(Rule 12(c)) Setting time for making and hearing motions.A court may at the time of an arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing. Source: SL 1978, ch 178, §109.
SD Codified L § 23A-8-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-5 - Subsequent hearing on motion to suppress newly discovered evidence.

23A-8-5. Subsequent hearing on motion to suppress newly discovered evidence.A court may set a subsequent hearing after the hearing set pursuant to §23A-8-4 for the purpose of hearing motions to suppress newly discovered evidence. Source: SL 1978, ch 178, §112.
SD Codified L § 23A-8-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-6 - (Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use specified evidence.

23A-8-6.(Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use specified evidence.At an arraignment, or as soon thereafter as is practical, the prosecuting attorney may give notice to the defendant of his intention to use specified evidence at the trial, in order to afford the defendant an opportunity to raise objections to such evidence prior to the trial in accordance with subdivision §23A-8-3(4). Source: SL 1978, ch 178, §110; SL 1979, ch 159, §47.
SD Codified L § 23A-8-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-8 - (Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.

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.
SD Codified L § 23A-8-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-9 - (Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver.

23A-8-9.(Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver.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.
SD Codified L § 23A-8-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-10 - (Rule 12(g)) Record of hearing on motions.

23A-8-10.(Rule 12(g)) Record of hearing on motions.A verbatim record shall be made of all proceedings at the hearing, including any findings of fact and conclusions of law which are made orally. Source: SL 1978, ch 178, §115.
SD Codified L § 23A-8-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 08 - (Rule 12) Pleadings And Pretrial Motions|Section 23A-8-11 - (Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes.

23A-8-11.(Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes.If a court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. An order setting aside an indictment or information pursuant to this section is no bar to a further prosecution for the same offense. Nothing in this section shall be deemed to affect the provisions of any statute relating to periods of limitations. Source: SDC 1939 & Supp 1960, §§34.3512, 34.3513; SDCL, §§23-36-6, 23-36-7; SL 1978, ch 178, §116.
SD Codified L § 23A-9-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 09 - (Rule 12.1) Notice Of Alibi|Section 23A-9-1 - (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.

23A-9-1.(Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.Within the time specified in §23A-8-4 for pretrial motions, upon written demand of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, a defendant shall serve within ten days, or at such different time as the court may direct, upon the prosecuting attorney a written notice of his intention to offer a defense of alibi. The notice shall state the specific place or places where the defendant claims he was at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi. Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, §34.2801; SDCL, §23-37-5; SL 1974, ch 168, §1; SL 1978, ch 178, §117.
SD Codified L § 23A-9-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 09 - (Rule 12.1) Notice Of Alibi|Section 23A-9-2 - (Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.

23A-9-2.(Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.Within ten days thereafter, but in no event less than ten days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the state intends to rely to establish the defendant's presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant's alibi witnesses. Source: SDCL, §23-37-6 as enacted by SL 1974, ch 168, §2; SDCL Supp, §23-37-5.1; SL 1978, ch 178, §118.
SD Codified L § 23A-9-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 09 - (Rule 12.1) Notice Of Alibi|Section 23A-9-3 - (Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.

23A-9-3.(Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under §23A-9-1 or 23A-9-2, he shall promptly notify the other party or his attorney of the existence and identity of such additional witness. Source: SL 1978, ch 178, §119.
SD Codified L § 23A-9-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 09 - (Rule 12.1) Notice Of Alibi|Section 23A-9-4 - (Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify.

23A-9-4.(Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify.Upon the failure of either party to comply with the requirements of §23A-9-1, 23A-9-2, or 23A-9-3, the court shall exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from or presence at, the scene of the alleged offense. This section shall not limit the right of a defendant to testify in his own behalf. Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, §34.2801; SDCL, §23-37-6; SL 1974, ch 168, §1; SDCL Supp, §23-37-5; SL 1978, ch 178, §120; SL 1979, ch 159, §8.
SD Codified L § 23A-9-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 09 - (Rule 12.1) Notice Of Alibi|Section 23A-9-5 - (Rule 12.1(e)) Exception granted to notice requirements.

23A-9-5.(Rule 12.1(e)) Exception granted to notice requirements.For good cause shown, a court may grant an exception to any of the requirements of §§23A-9-1 to 23A-9-4, inclusive. Source: SL 1978, ch 178, §121.
SD Codified L § 23A-9-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 09 - (Rule 12.1) Notice Of Alibi|Section 23A-9-6 - (Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.

23A-9-6.(Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.Evidence of an intention to rely upon an alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention. Source: SL 1978, ch 178, §122.
SD Codified L § 23A-10-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense|Section 23A-10-2 - Form of plea raising defense.

23A-10-2. Form of plea raising defense.A defendant in a criminal case raising the defense of insanity shall, at his arraignment, specially plead "not guilty and not guilty by reason of insanity." Source: SL 1953, ch 201, §1; SDC Supp 1960, §34.20A01; SDCL, §23-37-1; SL 1978, ch 178, §124; SL 1983, ch 174, §8.
SD Codified L § 23A-10-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense|Section 23A-10-3 - (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.

23A-10-3.(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.If a defendant intends to introduce expert testimony relating to mental illness or insanity relevant to the issue of whether he had the mental state required for the offense charged, he shall, not less than thirty days prior to the date set for trial or at any later time as the court may direct, notify the prosecuting attorney in writing of his intention and file a copy of the notice with the clerk of the court. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make any other order as is appropriate. Source: SL 1978, ch 178, §125; SL 1983, ch 174, §9.
SD Codified L § 23A-10-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense|Section 23A-10-4 - (Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.

23A-10-4.(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.In an appropriate case a court shall, upon motion of a prosecuting attorney, order the defendant to submit to a psychiatric examination by a psychiatrist designated for this purpose by the prosecuting attorney in an order of the court. The court may also appoint medical experts and require that the defendant submit himself for examination by such court-appointed medical experts. No statement made by an accused in the course of any examination provided for by this section, whether the examination was with or without the consent of the accused, shall be admitted in evidence against him on the issue of guilt in any criminal proceeding except for the purpose of impeaching the defendant. Source: SL 1953, ch 201, §1; SDC Supp 1960, §34.20A01; SDCL, §23-37-2; SL 1978, ch 178, §126; SL 1979, ch 159, §9.
SD Codified L § 23A-10-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense|Section 23A-10-5 - (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

23A-10-5.(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.If the defendant fails to give notice when required by §23A-10-3 or to submit to an examination when ordered under §23A-10-4, a court shall exclude the testimony of any witness offered by a defendant on the issue of his mental state. Source: SL 1978, ch 178, §127; SL 1983, ch 174, §11.