A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.

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Terms Used In South Dakota Codified Laws 23-24-33

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SDC 1939, § 34.1724; SL 1953, ch 200, § 24; SDC Supp 1960, § 34.1723.