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S.D. Codified Laws § 15-12-21.1

Informal request for disqualification

Applied in 1 court decision — leading case Estate of Paul O'farrell v. Grand Valley Hutterian Brethren (2024)

Most recently applied in Estate of Paul O'farrell v. Grand Valley Hutterian Brethren (December 2024)

Source: Supreme Court Rule 82-23.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.