South Dakota Statutes
§ 15-12-26 — Form and content of affidavits.
An affidavit for change of judge or magistrate shall state the title of the action and shall recite that the affidavit is made in good faith and not for the purpose of securing delay, that in the ordinary course of litigation such action or some issue therein is expected to come on for trial before such judge or magistrate sought to be disqualified; that the party making such affidavit has good reason to believe and does actually believe that such party cannot have a fair and impartial trial before the named judge or magistrate. Only one judge or magistrate shall be named in such affidavit. It shall not be necessary to state in such affidavit the ground or reason for such belief.
Free access — add to your briefcase to read the full text and ask questions with AI
South Dakota § 15-12-26 (Form and content of affidavits.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Reiman
284 N.W.2d 860 (South Dakota Supreme Court, 1979)
Tri-State Refining & Investment Co. v. Apaloosa Co.
452 N.W.2d 104 (South Dakota Supreme Court, 1990)
O'neill v. O'neill
2015 SD 15 (South Dakota Supreme Court, 2016)
State v. Tapio
432 N.W.2d 268 (South Dakota Supreme Court, 1988)
State v. Peterson
531 N.W.2d 581 (South Dakota Supreme Court, 1995)
Estate of Paul O'farrell v. Grand Valley Hutterian Brethren
2024 S.D. 81 (South Dakota Supreme Court, 2024)
Huff v. City of Brookings Police Department
(D. South Dakota, 2024)
State v. Shelton
2017 SD 55 (South Dakota Supreme Court, 2017)
Legislative History
SDC 1939 & Supp 1960, § 33.1208; SDCL, § 15-12-8; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 7.