South Dakota Statutes
§ 15-12-28 — Time for filing after unanticipated change of judge or magistrate.
If the affidavit for change is against a judge or magistrate who is to preside who was not regularly scheduled to do so, the provision of § 15-12-27 shall govern if there be sufficient time after the party has knowledge or notice of such change of judge or magistrate, and if there is not sufficient time, the request for disqualification and the affidavit may be filed promptly after such knowledge or notice, but must be filed prior to the time set for the trial of such action.
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South Dakota § 15-12-28 (Time for filing after unanticipated change of judge or magistrate.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Seidschlaw
304 N.W.2d 102 (South Dakota Supreme Court, 1981)
State v. Burgers
1999 SD 140 (South Dakota Supreme Court, 1999)
State v. Peterson
531 N.W.2d 581 (South Dakota Supreme Court, 1995)
Legislative History
SDC 1939 & Supp 1960, § 33.1211; SDCL, § 15-12-7; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 9; Supreme Court Rule 82-23.