Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion.
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).