South Dakota Codified Laws 23A-44-1. (Rule 47) Application for order to be by motion–When writing required–Contents–Supporting affidavit
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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.
Terms Used In South Dakota Codified Laws 23A-44-1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1978, ch 178, § 534.