South Dakota § 23A-21-4 (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.

South Dakota Statutes

§ 23A-21-4 — (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.

South Dakota § 23A-21-4

Title 23ACRIMINAL PROCEDURE

Ch. 23A-21(RULE 25) DISABILITY OR DISQUALIFICATION OF JUDGE

This text of South Dakota § 23A-21-4 ((Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.) 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 § 23A-21-4 (2026).

Text

If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South Dakota to the court may perform those duties. If the other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.

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If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South Dakota to the court may perform those duties. If the other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.