23A-32-21. Continuation by personal representative of pending appeal--Substitution--Time limits.
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/sd/title-23/chapter-23-32/23a-32-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.