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§ 23A-32-21 Continuation by personal representative of pending appeal--Substitution--Time limits.

SD Codified L § 23A-32-21 (2019) (N/A)
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23A-32-21. Continuation by personal representative of pending appeal--Substitution--Time limits. 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.

Source: SL 2008, ch 116, § 4.

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