15-12-21. Actions in which affidavits for change of judge may be filed.
Unless the right is waived or is denied by this chapter, an affidavit for change of a judge or magistrate may be filed in any action pending in the court whether originating therein or pending upon appeal from an inferior court or tribunal to the circuit court. No affidavit for such change may be filed in a criminal action prior to the completion of the preliminary hearing or waiver thereof or in any proceeding for contempt committed in the presence of the court.
Source: SDC 1939 & Supp 1960, §33.1208; SDCL §15-12-5; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §2; SL 1980, ch 163, §1; SL 2009, ch 99, §1.
Structure South Dakota Codified Laws
Chapter 12 - Change Of Circuit Judge Or Magistrate
Section 15-12-19 - Settlement of record after resignation or expiration of term of judge.
Section 15-12-20 - Definition of terms.
Section 15-12-21 - Actions in which affidavits for change of judge may be filed.
Section 15-12-21.1 - Informal request for disqualification.
Section 15-12-22 - Who may file affidavit--Effect of filing.
Section 15-12-23 - Parties united in interest--Necessity of unity--Effect of one party filing.
Section 15-12-24 - Waiver of right by submitting to jurisdiction.
Section 15-12-26 - Form and content of affidavits.
Section 15-12-28 - Time for filing after unanticipated change of judge or magistrate.
Section 15-12-29 - Late appointment or employment of counsel--Extending time for filing.
Section 15-12-30 - Filing of affidavit-Copies.
Section 15-12-31 - Copies of affidavit served on adverse parties--Liability for failure to serve.
Section 15-12-32 - Review of affidavit--Designation of substitute judge or magistrate.
Section 15-12-33 - Transmittal of copies of order to substitute judge or magistrate and counsel.
Section 15-12-34 - Disqualification of all judges in circuit--Certification to Supreme Court.
Section 15-12-35 - Assignment of substitute judge by Chief Justice.
Section 15-12-36 - Jurisdiction of substituted judge or magistrate.