23A-27-4.1. Relief from judgment--Grounds--Time of motion.
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/sd/title-23/chapter-23-27/23a-27-4-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Within a reasonable time but not more than one year after final judgment, a court on motion of a defendant or upon its own motion may relieve a defendant from final judgment if required in the interest of justice. If the original trial was by a court without a jury, the court on motion of a defendant or upon its own motion, may vacate the judgment if entered, order a new trial or take additional testimony and direct the entry of a new judgment.
A motion under this section does not affect the finality of a judgment or suspend its operation.
If an appeal is pending, the court may grant a motion under this section only upon remand of the case.