15-12-32. Review of affidavit--Designation of substitute judge or magistrate.
The presiding judge of the circuit court or in his absence or disqualification as the judge sought to be changed, the senior judge of the circuit shall review the affidavit and certification, if any, and it is determined that the affidavit is timely and that the right to file the affidavit has not been waived or is not otherwise legally defective, shall assign some other circuit judge or magistrate of that circuit as is appropriate to preside in such action, by filing an order of such appointment with the clerk of the court of the county wherein said action is pending. From the filing of such order the judge or magistrate therein designated shall have full power, authority and jurisdiction to proceed in the matter.
Source: SDC 1939 & Supp 1960, §33.1214; SDCL, §15-12-14; Supreme Court Rule No. 75-5, §13.
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.