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  6. Title 23A - Criminal Procedure
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  8. Chapter 08 - (Rule 12) Pleadings And Pretrial M...


Chapter 08 - (Rule 12) Pleadings And Pretrial Motions


  • § 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 before trial.
  • § 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 from waiver.
  • § 23A-8-10 (Rule 12(g)) Record of hearing on motions.
  • § 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.
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