South Dakota § 15-12-37 Disqualification on court's own motion.

South Dakota Statutes

§ 15-12-37 — Disqualification on court's own motion.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15-11 CHANGE OF CIRCUIT JUDGE OR MAGISTRATE

A judge or magistrate having knowledge of a ground for self - disqualification under the guidelines established by Canon 3E shall not, unless Canon 3F is utilized, await the filing of an affidavit but shall remove himself on written motion to be filed in duplicate by the judge or magistrate with the clerk of courts of the county wherein the action is pending. The clerk of courts shall notify the presiding judge, and the parties or their attorneys in the manner provided by this chapter for notification on filing of an affidavit for change of judge or magistrate.

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A judge or magistrate having knowledge of a ground for self - disqualification under the guidelines established by Canon 3E shall not, unless Canon 3F is utilized, await the filing of an affidavit but shall remove himself on written motion to be filed in duplicate by the judge or magistrate with the clerk of courts of the county wherein the action is pending. The clerk of courts shall notify the presiding judge, and the parties or their attorneys in the manner provided by this chapter for notification on filing of an affidavit for change of judge or magistrate.

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