South Dakota § 15-12-28 Time for filing after unanticipated change of judge or magistrate.

South Dakota Statutes

§ 15-12-28 — Time for filing after unanticipated change of judge or magistrate.

South Dakota § 15-12-28

Title 15CIVIL PROCEDURE

Ch. 15-11CHANGE OF CIRCUIT JUDGE OR MAGISTRATE

This text of South Dakota § 15-12-28 (Time for filing after unanticipated change of judge or magistrate.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 15-12-28 (2026).

Text

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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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.