South Dakota statute
SDCL § 23A-32-21 — Continuation by personal representative of pending appeal--Substitution--Time limits
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-32-21
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.
The personal representative of a deceased defendant, if substituted as a party, may continue a pending appeal on behalf of the deceased defendant to the extent that the claim is not extinguished by the death. The personal representative of the defendant's estate may make a motion for substitution, together with a notice of hearing, and shall serve the same on the prosecuting attorney and the attorney general within sixty days of the defendant's death. The court may dismiss any appeal of a deceased defendant in which a motion for substitution, together with notice of hearing and proof of service has not been filed with the clerk of the Supreme Court within sixty days of the defendant's death.
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