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S.D. Codified Laws § 15-6-63

Disability of a judge

Applied in 2 court decisions — leading case Stuckey v. Sturgis Pizza Ranch (2011)

Most recently applied in Stuckey v. Sturgis Pizza Ranch (January 2011)

Source: SD RCP, Rule 63, as adopted by Sup

If by reason of death, sickness, or other disability or separation from office, a judge before whom an action has been tried is unable to perform the duties to be by him performed after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may, in his discretion, grant a new trial.

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