Chapter 260

SCR 22-07

SUPREME COURT RULES AND ORDERS

IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

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A hearing was held on February 15, 2022, at Pierre, South Dakota, relating to the amendment of SDCL 15-12-30 and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is

ORDERED that SDCL 15-12-30 be and it is hereby amended to read in its entirety as follows:

SDCL 15-12-30. Filing of affidavit-Copies.

Section 1.

The affidavit for change of circuit judge or magistrate shall be filed with the clerk of the circuit court of the county in which the action is pending. The clerk shall deliver a copy of such affidavit to the presiding judge of the circuit. Unless the presiding judge of the circuit court involved has otherwise provided by order or rule to the contrary, the clerk shall forthwith prepare and cause to be delivered to the presiding judge of his circuit a statement complying with subdivision 15-12-34(3) together with a copy of such affidavit. Such clerk shall also forthwith deliver a copy of such affidavit to the judge or magistrate referred to in said affidavit.

IT IS FURTHER ORDERED that this rule become effective July 1, 2022.

DATED at Pierre, South Dakota, this 28th day of February, 2022.

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