15-12-34. Disqualification of all judges in circuit--Certification to Supreme Court.
In the event it shall be determined that all the judges of the circuit are disqualified or are unable to act in such action, the presiding judge of the circuit shall make and file in the office of the clerk of courts of the court involved an order to that effect. The clerk with whom such order is filed shall forthwith forward to the clerk of the Supreme Court the following:
(1)A certified copy of the affidavit for change of judge;
(2)A certified copy of the order of the presiding judge determining that all the judges of his circuit are disqualified or unable to act; and
(3)A signed statement in duplicate showing the title of the action, the name and address of each attorney of record therein, the date of filing of such affidavit, the general nature of the action and the status thereof.
Source: Supreme Court Rule No. 75-5, ยง15.
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.