15-12-28. Time for filing after unanticipated change of judge or magistrate.
If the affidavit for change is against a judge or magistrate who is to preside who was not regularly scheduled to do so, the provision of §15-12-27 shall govern if there be sufficient time after the party has knowledge or notice of such change of judge or magistrate, and if there is not sufficient time, the request for disqualification and the affidavit may be filed promptly after such knowledge or notice, but must be filed prior to the time set for the trial of such action.
Source: SDC 1939 & Supp 1960, §33.1211; SDCL, §15-12-7; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §9; Supreme Court Rule 82-23.
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.