23A-32-15. Time of taking appeal.
Except as provided in §23A-32-4, 23A-32-5, or 23A-32-6, any appeal other than from a judgment must be taken within thirty days after written notice of the filing of the order shall have been given to the party appealing. An appeal from the judgment must be taken within thirty days after the judgment is signed, attested, and filed.
The running of the time for filing a notice of appeal is terminated by a timely motion filed in the circuit court pursuant to §23A-29-1, and the full time for appeal fixed by this section commences to run and is to be computed from the attestation and filing of an order made pursuant to such motion or if the circuit court fails to take action on such motion or fails to enter an order extending the time for taking action on such motion within the time prescribed, then the date shall be computed from the date on which the time for action by the circuit court expires.
Source: SDC 1939, §34.4104; SL 1943, ch 130; SL 1945, ch 148; SL 1961, ch 187; SDCL, §23-51-6; SL 1976, ch 149, §1; SL 1978, ch 178, §393; SL 1987, ch 412 (Supreme Court Rule 86-38).
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 32 - Appeals To Supreme Court
Section 23A-32-1 - Transcript prepared when necessary to protect defendant's rights.
Section 23A-32-2 - Defendant's right to appeal.
Section 23A-32-3 - Reproduction of brief for indigent defendant--Form and contents.
Section 23A-32-6 - Time for appeal by prosecution.
Section 23A-32-7 - Release on bail pending appeal by prosecution.
Section 23A-32-9 - Scope of review by Supreme Court.
Section 23A-32-10 - New trial motion not required to preserve grounds for appeal.
Section 23A-32-11 - Scope of review when denial of new trial assigned as error.
Section 23A-32-12 - Discretionary appeal from intermediate order before trial--Procedure.
Section 23A-32-13 - Constitutional issue first raised on appeal.
Section 23A-32-14 - Provisions as to civil appeals applicable unless otherwise provided.
Section 23A-32-15 - Time of taking appeal.
Section 23A-32-18 - Remand to trial court for new trial motion.
Section 23A-32-19 - Disposition of case directed by Supreme Court.
Section 23A-32-20 - Time for appeal by personal representative of deceased defendant's estate.
Section 23A-32-22 - Discretionary appeals of illegal sentences.