2013 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 41 - (Rule 45) Time Allowed
§ 23A-41-2 (Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.
23A-41-2. (Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions. When an act is required or allowed to be done at or within a specified time, a court for cause shown may at any time in its discretion:
(1) With or without motion or notice, order the period extended if a request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
(2) Upon motion made after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect.
However, a court may not extend the time for taking an action under chapter 23A-23, chapter 23A-29, chapter 23A-30, or § 23A-31-1, except to the extent and under the conditions stated in those chapters and section.
Source: SL 1978, ch 178, § 496.
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