South Dakota § 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.
Full text of South Dakota South Dakota Codified Laws § 23A-27-4.1 — Relief from judgment--Grounds--Time of motion., with citation guidance and answers to common questions.
§ 23A-27-4.1. Relief from judgment--Grounds--Time of motion.
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.
Source: SL 1987, ch 410 (Supreme Court Rule 86-36).
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-27-4.1
What does South Dakota Codified Laws § 23A-27-4.1 cover?
Section 23A-27-4.1 ("Relief from judgment--Grounds--Time of motion.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-27-4.1?
A common citation format is "South Dakota Codified Laws § 23A-27-4.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-27-4.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.