South DakotaHB 1011101st South Dakota Legislature (2026)House

modify fees charged by the clerk of courts for certain copies of court records.

Sponsored By: Sponsor information unavailable

Signed by Governor

Courts and JudiciaryExecutive/Judiciary RequestFeesPublic Records and Files

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Court fees and free copy certifications

South Dakota court clerks charge $15 to reproduce an authenticated, exemplified, or double certificate of a record on file. Qualifying copies needed to complete a case have no extra certification fee. These must be true and correct copies supplied by the attorney of record or a qualified personal representative. Covered matters include guardianship, conservatorship, adoption, life-estate termination, trusts, probate, inheritance tax, and divorce. The law also sets court-service fees: $75 for estate probate and $50 for preparing and sending a settled record to the Supreme Court, including its remittitur. A $25 fee applies to civil trial cases; guardianship, conservatorship, adoption, and life-estate termination cases; and inheritance-tax determinations involving property transferred in contemplation of death. It also applies to default quiet-title and garnishment cases, corporate dissolutions, foreclosures, special and summary estate administration, appeals of government actions to circuit court, and matters not otherwise covered. Petitions and motions to change final child support, custody, visitation, or spousal support orders cost $50 each. Title 28 assistance recipients do not pay this fee when seeking a child-support change. Clerks charge $5 each to issue a judgment transcript, file and docket one, issue and docket an execution, commission, or writ, file a special execution, or renew a judgment under § 15-16-33. Issuing a civil subpoena and safekeeping or filing a will each cost $2. Government bodies and officers pay no clerk fees in proceedings started by the state or a political subdivision. Federal law enforcement and investigative agencies pay no record-search fees under federal law. Actions under §§ 22-19A-8, 22-19A-12, 25-10-3, and 25-10-6 have no filing fee.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 104 • No: 16

Senate vote • 2/4/2026

Do Pass

Yes: 32 • No: 2

Senate vote • 2/3/2026

Do Pass

Yes: 6 • No: 1

House vote • 1/26/2026

Do Pass

Yes: 55 • No: 12

House vote • 1/21/2026

Do Pass

Yes: 11 • No: 1

Actions Timeline

  1. Signed by the Governor

    2/17/2026House
  2. Delivered to the Governor

    2/9/2026House
  3. Signed by the President

    2/6/2026Senate
  4. Signed by the Speaker

    2/5/2026House
  5. Senate Do Pass, Passed, YEAS 32, NAYS 2

    2/4/2026Senate
  6. Senate Judiciary Do Pass, Passed, YEAS 6, NAYS 1

    2/3/2026Senate
  7. Scheduled for hearing

    2/3/2026Senate
  8. First read in Senate and referred to Senate Judiciary

    1/27/2026Senate
  9. House of Representatives Do Pass, Passed, YEAS 55, NAYS 12

    1/26/2026House
  10. House of Representatives Deferred to another day, Passed

    1/23/2026House
  11. House of Representatives Deferred to another day, Passed

    1/22/2026House
  12. House Judiciary Do Pass, Passed, YEAS 11, NAYS 1

    1/21/2026House
  13. Scheduled for hearing

    1/21/2026House
  14. First read in House and referred to House Judiciary

    1/13/2026House

Bill Text

  • Introduced

    12/26/2025

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