South Dakota Statutes

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

South Dakota § 15-12-37
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15-11CHANGE OF CIRCUIT JUDGE OR MAGISTRATE

This text of South Dakota § 15-12-37 (Disqualification on court's own motion.) 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 § 15-12-37 (2026).

Text

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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Related

State v. Reiman
284 N.W.2d 860 (South Dakota Supreme Court, 1979)
122 case citations
State v. Lohnes
432 N.W.2d 77 (South Dakota Supreme Court, 1988)
36 case citations
State v. Hauge
2013 S.D. 26 (South Dakota Supreme Court, 2013)
26 case citations
Bailey v. Duling
2013 S.D. 15 (South Dakota Supreme Court, 2013)
12 case citations
Marko v. Marko
2012 S.D. 54 (South Dakota Supreme Court, 2012)
10 case citations
Estate of Paul O'farrell v. Grand Valley Hutterian Brethren
2024 S.D. 81 (South Dakota Supreme Court, 2024)
1 case citations

Legislative History

Supreme Court Rule No. 75-5, § 18; SL 2023, ch 216 (Supreme Court Rule 22-15), eff. Jan. 1, 2023.

Nearby Sections

15
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Bluebook (online)
South Dakota § 15-12-37, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-12-37.