Time of taking appeal.

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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).


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