SDCL § 33-10-122: Procedure when court members reduced below minimum by peremptory challenge.

If exercise of a peremptory challenge reduces the court below the minimum number of members required by § 33-10-61, the parties shall, notwithstanding the provisions of §§ 33-10-87 to 33-10-90, inclusive, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.