Title 16 — COURTS AND JUDICIARY

In the exercise of its constitutional and statutory rule - making power the Supreme Court of South Dakota shall proceed as provided by this chapter and as may be provided by its own rules. Source: SDCL, § 16-3-1 as enacted by SL 1973, ch 129 , § 1.

Any facsimile transmission of motions, petitions, briefs, or any other type of pleading that an attorney proposed to transmit to a justice's home or office shall only be transmitted after the attorney or his/her representative has contacted the justice and received the justice's …

A judicial emergency may be declared to exist if an emergency or natural disaster substantially endangers or infringes upon the normal functioning of the judicial system, the ability of persons to avail themselves of the judicial system, the ability of litigants or others to have…

The Supreme Court may declare the existence of a judicial emergency, which shall be done by order. The order shall state: (1) The jurisdictions affected by the order; (2) The nature of the emergency necessitating the order; (3) The period or duration of the judicial emergency; an…

If the emergency or natural disaster makes access to the office of the clerk of court or a courthouse impossible or impractical, the order declaring the judicial emergency may designate another facility, which is reasonably accessible and appropriate, for the business of the cour…

An order declaring a judicial emergency may suspend, toll, extend, or otherwise grant relief from deadlines, time schedules, or filing requirements imposed by otherwise applicable statutes, rules, or court orders, whether in civil cases, criminal cases, administrative matters or …

Upon the issuance of a judicial emergency order, or any modification or extension of such an order, notice shall be given to the justices of the Supreme Court, the clerk of the Supreme Court, the judges and clerks of the court for the affected jurisdictions, litigants, attorneys …

The Supreme Court of South Dakota has power to make all rules of practice and procedure which it shall deem necessary for the administration of justice in all civil and criminal actions, remedies, and proceedings in any and all courts of the state and for the method of taking, he…

No rule promulgated under this chapter shall in any manner abridge, enlarge, or modify the substantive rights of any litigant. Source: SDC 1939 & Supp 1960, § 32.0902. 16-3-4. Repealed by SL 1973, ch 129 , § 4.

16-3-5 Rules governing petitions for and notice of court rules. 16-3-5.1 Repealed. 16-3-5.2 Notice request for Supreme Court rule proposal--Court discretion to decline to consider proposal. 16-3-5.3 Rule proposal requirements. 16-3-5.4 Review of rule proposal for form, style, and…

The Supreme Court shall prescribe by rule the procedure to be followed and notice, if any, to be required for consideration of petitions for adoption, amendment, or repeal of its rules including those actions taken on its own initiative. Source: SDC 1939 & Supp 1960, § 32.0902; S…

Source: Supreme Court Rule 74-2, April 4, 1974; SL 2003, ch 263 , (Supreme Court Rule 03-4), eff. July 1, 2003; SL 2010, ch 252 (Supreme Court Rule 09-08), eff. Sept. 24, 2009; SL 2018, ch 288 (Supreme Court Rule 17-09), eff. July 5, 2017; SL 2018, ch 296 (Supreme Court Rule 18-0…

At the direction of the Supreme Court, the clerk of the Supreme Court shall issue a notice requesting any proposal for a new rule, amendment, or repeal of an existing rule pursuant to the Court’s rule making authority in S.D. Const., Art. V, § 12 to include but not limited to the…

Any proposal for a new rule, amendment, or repeal of an existing Supreme Court rule must show deletions by strikethroughs and additions shown by underscore. The proposal must include a discussion of the proposed change and: (1) The identity of the proponent or proponents of the c…

Upon receipt of a proposal submitted pursuant to § 16-3-5.2 , the clerk of the Supreme Court shall immediately forward the proposal to the chief of legal research. The chief shall review each proposal for form, style, and clarity in compliance with the rule drafting standards est…

Notice of adoption of several rules, amendments, or repeals may be given at one time and in one notice. Source: SL 2025, ch 228 ( Supreme Court Rule 25-13), eff. Mar. 5, 2025.

Following the procedure established in §§ 16-3-5.2 to 16-3-5.5 , inclusive, the clerk of the Supreme Court shall give thirty days’ notice of an intention to adopt, amend, or repeal rules by electronic mail notification to members of the State Bar of South Dakota, by posting notic…

Prior to the hearing set by § 16-3-5.6 , the clerk of the Supreme Court shall provide the Supreme Court a copy of each proposal submitted pursuant to § 16-3-5.2 , the chief of legal research’s suggestions for each proposal pursuant to § 16-3-5.4 , and each final proposal as estab…

All rules adopted by the Supreme Court concerning its internal operations under its constitutional or statutory rule-making power must be filed with the clerk of the Supreme Court and become effective when filed without further notice, unless otherwise ordered. Source: SL 2025, c…

The Supreme Court may, in its discretion, direct the clerk of the Supreme Court to give thirty days’ notice of an intention to adopt, amend, or repeal rules by electronic mail notification to members of the State Bar of South Dakota, by posting notice at the Unified Judicial Syst…

16-3-6.1 Amendment of existing rule--Publication. 16-3-7 Filing of rules with secretary of state--Distribution and publication. 16-3-8

When the Supreme Court amends an existing rule, it will supply to the State Bar, for publication in the State Bar Newsletter, a copy of the amended rule, with deletions shown by strike-throughs and additions shown by underscores. Source: SL 2018, ch 289 (Supreme Court Rule 17-10)…

A certified copy of all orders entered by the Supreme Court relating to rules adopted by it shall be filed with the secretary of state and, unless otherwise fixed by the order, shall become effective thirty days after filing with the secretary of state. Copies shall be mailed to …

16-3-9 Supreme Court rules governing attorneys. 16-3-10 Facsimile transmissions to Supreme Court justices. 16-3-11 Grounds for declaration of judicial emergency. 16-3-12 Supreme Court declaration of judicial emergency by order--Contents. 16-3-13 Designation of another facility fo…

The Supreme Court shall also have power to make all necessary rules for the admission, disbarment, discipline, and reinstatement of attorneys at law to practice the profession of law in this state. Source: SDC 1939 & Supp 1960, § 32.0902.