South Dakota Codified Laws
Chapter 12 - Change Of Circuit Judge Or Magistrate
Section 15-12-21.1 - Informal request for disqualification.

15-12-21.1. Informal request for disqualification.
Prior to filing an affidavit for change of judge, the party or his attorney shall informally request the judge or magistrate who, in the ordinary course, would preside at the hearing or trial, to disqualify himself. He shall not be required to state his reasons, but may if he desires. Informally shall mean by letter, oral communication, or dictating it into the record in open court or chambers; however, the opposing parties should receive copies of any letters, or be apprised of any communications to the court, but cannot contest the request. If the judge or magistrate grants the request, he shall forthwith notify the presiding judge, who shall assign the case to some other judge or magistrate. If the judge refuses the request, he shall forthwith notify in writing the parties or their attorneys. Writing may include a letter, order, or dictation into the record.

Source: Supreme Court Rule 82-23.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

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 15-12-27 - Time for filing affidavit against judge or magistrate presiding in ordinary course.

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.

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