S.D. 1st Jud. Cir. Informal Request for Judge Disqualification

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT

: SS FIRST JUDICIAL CIRCUIT

COUNTY OF ________________________ )

)

____________________________________ ) ______#________________

Plaintiff, )

)

VS. ) INFORMAL REQUEST FOR

) JUDGE DISQUALIFICATION

____________________________________ )

Defendant, )

As the attorney of record or a party in the above cited case, I, ___________________________

would like to request per SDCL 15-12-21.1 that Judge________________________________, recuse

himself/herself from presiding over this matter as my client believes they cannot receive a fair and

impartial hearing from this judge; or

I believe the judge has a conflict:_______________________________________________

Other:____________________________________________________________________

No court date has been set The next court date is:_____________

Dated this _______ day of ________________________, _______

__________________________________

ATTORNEY OF RECORD/PARTY

(Per SDCL 15-12-21.1; if this request is not made in open court, forward it to the judge and copy opposing parties.)

This matter having been assigned to me, ___________________________________, Judge of

the First Judicial Circuit, and after consideration of the above request to recuse, I have determined that;

it is necessary to recuse myself, and I hereby recuse myself from presiding over this matter.

I am aware of no reason to recuse myself and the request is denied.

it is my belief that the parties have waived their right to a change of judge per SDCL 15-12

and the request to recuse is denied.

Dated this _______ day of ________________________, _______

BY THE COURT:

__________________________________

CIRCUIT OR MAGISTRATE JUDGE

(File the original with the Clerk. Clerk will forward a copy to Court Administration with any future affidavits filed.)

1CF-05 MOTION AND NOTICE OF RECUSAL Revised 06/05/12