Section 15-12-30 - Filing of affidavit--Number of copies required--Certification by clerk of courts. - South-dakota Statutes

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15-12-30. Filing of affidavit--Number of copies required--Certification by clerk of courts. The affidavit for change of circuit judge or magistrate shall be filed in triplicate with the clerk of the circuit court of the county in which the action is pending. 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 certified copy of such affidavit. Such clerk shall also forthwith deliver a certified copy of such affidavit to the judge or magistrate referred to in said affidavit, or if such judge or magistrate be not then in the county, by registered or certified mail.

Source: SDC 1939 & Supp 1960, § 33.1208; SDCL, § 15-12-9; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 11.

State Codes and Statutes

Statutes > South-dakota > Title-15 > Chapter-12 > Statute-15-12-30

15-12-30. Filing of affidavit--Number of copies required--Certification by clerk of courts. The affidavit for change of circuit judge or magistrate shall be filed in triplicate with the clerk of the circuit court of the county in which the action is pending. 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 certified copy of such affidavit. Such clerk shall also forthwith deliver a certified copy of such affidavit to the judge or magistrate referred to in said affidavit, or if such judge or magistrate be not then in the county, by registered or certified mail.

Source: SDC 1939 & Supp 1960, § 33.1208; SDCL, § 15-12-9; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 11.

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State Codes and Statutes

Statutes > South-dakota > Title-15 > Chapter-12 > Statute-15-12-30

15-12-30. Filing of affidavit--Number of copies required--Certification by clerk of courts. The affidavit for change of circuit judge or magistrate shall be filed in triplicate with the clerk of the circuit court of the county in which the action is pending. 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 certified copy of such affidavit. Such clerk shall also forthwith deliver a certified copy of such affidavit to the judge or magistrate referred to in said affidavit, or if such judge or magistrate be not then in the county, by registered or certified mail.

Source: SDC 1939 & Supp 1960, § 33.1208; SDCL, § 15-12-9; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 11.