Title 16 — COURTS AND JUDICIARY

The candidate must also instruct the campaign committee to comply with all applicable requirements of Section 5C(2). Candidates = campaign committees established under Section 5C(2) should manage campaign finances responsibly, avoiding deficits that might necessitate post-electio…

Every circuit judge of this state shall on the first day of January, April, July, and October of each year submit a report, on forms as designated by the Supreme Court, to the presiding judge of his or her respective circuit specifying the cases that remain undecided ninety days …

16-2-23 Repealed by SL 2012, ch 112 , § 1. 16-2-23.1 Fees retained by court reporter. 16-2-24

Repealed by SL 2012, ch 112 , § 1.

Notwithstanding § 3-8-3 , a court reporter may receive and retain as his own, any fees for taking testimony or preparing transcripts that are authorized by the justice, judge, or magistrate who appointed him. Source: SL 1975, ch 162 , § 9. 16-2-24. Repealed by SL 1975, ch 162 , §…

16-2-25 Counties to provide facilities for clerk. 16-2-25.1 Supplies of judge or magistrate provided to unified system. 16-2-26 Municipalities and townships to provide facilities for magistrates' clerks. 16-2-27 Continuing duties of clerks of court. 16-2-27.1 Passport application…

Each county in the state shall provide suitable and adequate facilities for the clerk or any deputy clerk of the circuit court, including the facilities necessary to make the space provided functional for its intended use. Source: SL 1973, ch 130 , § 8; SDCL Supp, § 16-10-2.1 ; S…

All furnishings, supplies, and materials owned by a county, municipality, or township, which were used by, or on behalf of, any judge or justice of the peace for the execution of his judicial duties on or before January 7, 1975, or which are purchased after that date for the use …

Any municipality or township in the state assigned a magistrate for the principal purpose of providing service to such political subdivisions shall, upon order of the presiding judge of the circuit, provide suitable and adequate quarters for any deputy clerk of the circuit appoin…

The duly elected or appointed clerks of courts shall continue to perform duties as follows: (1) Duties, nonjudicial in nature, required by law to be performed until transferred by the Legislature to other appropriate officers, or until such duties are abolished, provided that in …

Clerks of the circuit courts in the counties of Aurora, Bennett, Bon Homme, Brule, Buffalo, Butte, Campbell, Charles Mix, Clark, Corson, Custer, Day, Deuel, Dewey, Douglas, Edmunds, Fall River, Faulk, Grant, Gregory, Haakon, Hamlin, Hand, Hanson, Harding, Hutchinson, Hyde, Jackso…

Feb. 25, 2005. 16-2-28 Accounting system for funds. 16-2-29 Fees charged by clerk of courts--Governmental bodies exempt. 16-2-29.1 Fees of Supreme Court clerk--No fee in certain cases. 16-2-29.2 Waiver of filing fees and service costs--Motion to court. 16-2-29.3 Waiver of filing …

The clerk of courts shall charge and collect the following fees: (1) For the probate of an estate, seventy-five dollars; (2) For all service connected with the preparation and transmission of a settled record to the Supreme Court, including the remittitur from the Supreme Court, …

The clerk of the Supreme Court shall charge the following fees and shall collect them in advance: (1) For each action or proceeding originally commenced in or brought to the Supreme Court by appeal, to be advanced by the party commencing or bringing such action or proceeding, fif…

A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the court upon the affidavit of the moving party and the entry of an order thereon. Source: SL 1975, ch 161 , § 2; SL 1982, ch…

The affidavit required by § 16-2-29.2 of the moving party shall state the moving party's inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress. Source: SL 1982, ch 1…

The court may, at any time after filing of the affidavit, dismiss any civil action, proceeding, or appeal if the allegation of poverty is found to be untrue or if satisfied that the action, proceeding, or appeal is frivolous or malicious. Source: SL 1982, ch 171 , § 3.

The clerk of court shall charge a records search fee in the amount of twenty dollars for each record search conducted if the search is requested by a person who is not a party named in the action for which the search is being requested. The clerk shall charge a fee of five dollar…

Electronic searches of the statewide civil money judgment database may be performed by a web-based search for a fee of four dollars for name or date searches and one dollar for judgment docket information. The same information is available on an unlimited basis by bulk users for …

16-2-30 Clerk to forward fees and costs monthly to county treasurer. 16-2-31 16-2-31 to 16-2-33. Repealed by SL 1982, ch 170 , §§ 3 to 5. 16-2-34 Distribution of fines and penalties collected for violation of local ordinances. 16-2-35 16-2-35 , 16-2-35 .1. Repealed by SL 1989, ch…

The clerk of courts shall forward all fees and costs on a monthly basis to the county treasurer for deposit in the county general fund. Source: SL 1889, ch 60 , § 1; RPolC 1903, § 953; RC 1919, § 6020; SDC 1939, § 12.1404; SDCL, § 16-10-6 ; SL 1982, ch 170 , § 2. 16-2-31 to 16-2-…

Thirty - five percent of all fines, penalties, and forfeitures collected by or through the use of a circuit or magistrate court, clerk, or other court officer for violations of a county, township, municipal or chartered governmental unit's ordinance, charter, or bylaw, shall be p…

16-2-36

16-2-37

16-2-38 Unified Judicial System court automation fund created. 16-2-39 Court automation surcharge--Amount in civil action--Collection. 16-2-39.1 Court automation surcharge for small claims actions after June 30, 2015. 16-2-40 Surcharge taxable as costs. 16-2-41 Court automation s…

There is hereby created in the state treasury a special fund known as the Unified Judicial System court automation fund. Source: SL 1990, ch 151 , § 1.

In each civil action, proceeding for judicial remedy, and probate proceeding, the clerk of courts shall collect the sum of forty dollars as a unified judicial system court automation surcharge. The forty-dollar surcharge does not apply to a small claims action. In each small clai…

After June 30, 2015, notwithstanding § 16-2-39 , in each small claims action, the clerk of courts shall collect as a unified judicial system court automation surcharge the sum of six dollars if the amount in controversy is less than four thousand dollars and eight dollars if the …

The surcharge provided for in § 16-2-39 shall be costs in the case and are taxable as such. Source: SL 1990, ch 151 , § 3.

In each criminal action, in addition to any other liquidated costs, penalty, assessment, or fine provided by law, there shall be levied a unified judicial system court automation surcharge according to the following schedule: (1) Violation of county or municipal ordinances or adm…

In each appeal, intermediate appeal, original proceeding, or other action filed in the Supreme Court, the clerk of the court shall collect the sum of fifty dollars as a unified judicial system court automation surcharge. However, no surcharge may be collected in any proceeding co…

The surcharge provided for in § 16-2-39 may be waived in the manner provided for in §§ 16-2-29.2 to 16-2-29.4 , inclusive. If a fine is suspended in whole or in part, the surcharge provided for in § 16-2-41 may not be reduced. However, the judge may waive all or any part of the p…

Feb. 25, 2019. APPENDIX B TO CHAPTER 16-2 CODE OF CONDUCT FOR INTERPRETERS IN THE SOUTH DAKOTA JUDICIARY Preamble Many persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency or a speech…

Any money in the Unified Judicial System court automation fund shall be used by the Unified Judicial System to be used with any other moneys otherwise appropriated to pay necessary costs for court automation projects to improve information or case management systems or the admini…

The clerk of courts shall charge and collect a fee of fifty dollars for filing a divorce action. The fee shall be deposited in the county general fund as provided in §

The Unified Judicial System shall provide forms for the protection orders used in this state. Source: SL 1994, ch 156 , § 2.

A clerk of courts may refuse to file or docket any document that the law does not require or authorize a clerk to file or docket or any document that the clerk has reasonable cause to believe is a counterfeit lien as defined in §

If a clerk of courts has reason to believe that a document or instrument previously filed is counterfeit pursuant to § 22-11-29 , the clerk of courts shall provide written notice of the filing of the document or instrument to the stated or last known address of the person named i…

Any person whose document or lien is refused for filing or docketing by the clerk of courts pursuant to § 16-2-47 may commence an action in the circuit court for that county for an order directing the clerk to file or docket the document. If the court determines that the clerk is…

If a court determines that the clerk acted reasonably or in good faith in refusing to file or docket a document that the clerk believed should not be filed or docketed or a document that the clerk believed to be a counterfeit lien, the clerk is not liable for any civil damages re…

Terms used in §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive, mean: (1) "CASA," court appointed special advocate; (2) "Commission," the Court Appointed Special Advocates Commission; (3) "Fund," court appointed special advocates fund; and (4) "Grant program," the court …

The court appointed special advocates grant program is hereby established. Under the grant program, the commission shall award grants to entities within the state of South Dakota that are recognized by the National CASA Association, Incorporated, as administering CASA programs. G…

There is established within the state treasury the court appointed special advocates fund to be administered by the Unified Judicial System. Money shall enter the fund as provided in § 23-3-53 and through contributions, grants, settlement funds, payments ordered by the court, int…

There is created the Court Appointed Special Advocates Commission to make awards through the grant program and to perform related functions as provided in §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive. The commission is administered and staffed by the Unified Judicial…

The commission shall award grants as provided in §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive, and publicize the availability of and procedures for obtaining grants under §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive. Source: SL 2003, ch 120 , § 7.

There is hereby created the Commission on Equal Access to Our Courts. The commission shall consist of seven members appointed as follows: (1) Three members by the Governor, one initially appointed for a term of one year, one initially appointed for a term of two years, and one fo…

The Commission on Equal Access to Our Courts shall provide grants to nonprofit entities that are funded, or nonprofit entities contracting with nonprofit entities that are funded, by the Legal Services Corporation and deliver legal services to persons meeting income eligibility g…

In awarding grants pursuant to § 16-2-56 , the commission may consider: (1) Grant applications that will help provide legal representation of veterans, the disabled, and senior citizens who do not exceed 200% of federal poverty guidelines; (2) Grant applications that will help pr…

Any order settling a class action lawsuit that results in the creation of a common fund for the benefit of the class shall provide for the distribution of any residual funds to the Commission on Equal Access to Our Courts. However, up to fifty percent of the residual funds may be…

For any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support, the clerk of courts shall collect the sum of fifty dollars as a commission on equal access to our courts surcharge. The surcharge shall be collected from the …