{"data":{"id":"us-sd/sdcl-23a-32-21","jurisdiction":"us-sd","citation":"SDCL § 23A-32-21","heading":"Continuation by personal representative of pending appeal--Substitution--Time limits.","body":"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.\nSource: SL 2008, ch 116, § 4.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-32. APPEALS TO SUPREME COURT"],"source_url":"https://sdlegislature.gov/Statutes/23A-32-21","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"6828b8b42232cdece4fa4a34e8c05a12f8a2bfae2f064e7ec76ad4c01e2c67c0","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-32-20","next":"us-sd/sdcl-23a-32-22"},"notice":"GroundRules: Original legal text. Not legal advice."}