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South Dakota statute

SDCL § 23A-32-16 — Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 32: Appeals To Supreme Court, South Dakota Codified Laws.

Full text of SDCL § 23A-32-16

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-32-16Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Appeal to the Supreme Court shall be taken by a written notice of appeal, signed by the appellant or his attorney, specifying the order or judgment, or both, appealed from and whether the appeal is taken from the whole or a part thereof, and if from a part only, specifying the part appealed from. Notice of such appeal, when by the defendant shall be served upon the attorney general and upon the prosecuting attorney of the county where the judgment was entered and, when by the state, upon the defendant or his attorney. The appeal shall be deemed perfected by filing the notice with the clerk together with proof of service thereof, and by depositing the appeal fee for the clerk of the Supreme Court, as in civil cases, except that when the appeal is by the state, no such fee shall be required. Whenever an appeal is taken by an indigent, assigned counsel pursuant to § 23A-40-6, no filing fee need be paid and no undertaking need be furnished to perfect such appeal.

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This reference is informational and is not legal advice.