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Code · South Dakota · Title 15 · Chapter 15-12

15-12-26. Form and content of affidavits.

122 words·~1 min read·/sd/title-15/chapter-15-12/15-12-26·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

An affidavit for change of judge or magistrate shall state the title of the action and shall recite that the affidavit is made in good faith and not for the purpose of securing delay, that in the ordinary course of litigation such action or some issue therein is expected to come on for trial before such judge or magistrate sought to be disqualified; that the party making such affidavit has good reason to believe and does actually believe that such party cannot have a fair and impartial trial before the named judge or magistrate. Only one judge or magistrate shall be named in such affidavit. It shall not be necessary to state in such affidavit the ground or reason for such belief.
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