Title 16 — COURTS AND JUDICIARY

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.

The Supreme Court of the State of South Dakota is hereby vested with full and complete authority to arrange and contract for timely publication of its opinions from time to time, as may be required, which contract shall be paid for from moneys appropriated for this purpose. Sourc…

There shall be seven judicial circuits which shall be numbered and consist of counties as follows: (1) First Circuit: Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, McCook, Turner, Union, and Yankton Counties; (2) Second Circuit: Linco…

Whenever the first day of any term of the circuit court falls upon a legal holiday, such term shall begin on the following day. Source: SL 1890, ch 76 , § 10; RPolC 1903, § 663; RC 1919, § 5183; SDC 1939 & Supp 1960, § 32.0420.

Two or more terms of the circuit court may be held in different counties of the same circuit at the same time. Source: RC 1919, § 5183; SDC 1939 & Supp 1960, § 32.0420.

Sessions of circuit court may be held by two or more judges in the same circuit, or in the same county, at the same time, whether or not all of the judges are judges of the circuit. Source: Supreme Court Rule, Part 2, Rule 46 adopted Sept. 7, 1923, 46 SD XIV; SDC 1939 & Supp 1960…

At any time he may deem it necessary or advisable, the judge of any trial court of record may order a special term to be held, by written order filed with the clerk at least fifteen days before the opening of such term. Anything which may be done at a regular term may be done at …

In any case where, because of any extraordinary circumstances, the interests of justice demand an immediate trial, the court may, upon its own motion, call and hold a special term of court, and summon a jury when necessary, in the county where such action is pending, and hear, tr…

The circuit judge may by order provide for the holding of such additional special terms, or adjourned terms as the pending business, in his judgment, requires. Source: SDC 1939 & Supp 1960, § 33.1101.

The judge of the circuit court shall have power, upon request of the board of county commissioners or upon his own motion, by an order to that effect, to appoint and hold special terms, at the county seat of any county within his circuit, and such special terms shall be regarded …

All terms of the circuit court within and for each county shall be held at the county seat thereof. Source: SL 1913, ch 160 , § 1; RC 1919, § 5185; SL 1923, ch 303 , § 4; SDC 1939 & Supp 1960, § 32.0401; SL 1966, ch 114 , § 1; SL 1985, ch 15 , § 33.

At the time designated by law, there shall be regular terms of circuit court held in the several counties, if there be any cases ready for trial. Juries shall be called for such terms if there are any jury cases for trial. Source: SDC 1939 & Supp 1960, § 33.1101.

If he deem it proper, the presiding judge of the circuit court may postpone the opening of a term for a reasonable time to a day certain. If no order of postponement be made and the presiding judge does not appear at the time for the opening of the term, the clerk of courts may a…

Any regular or special term of the circuit court may be adjourned, by order entered in the minutes, to any day preceding the first day of the next regular term in the county in which the court is being held, at which time the business of the court shall be resumed as if no adjour…

At the end of any sitting, the circuit court may adjourn the term from time to time to a day certain or until the further notice and order of the court, in which case the same jury panel shall report as may be ordered. Source: SDC 1939 & Supp 1960, § 33.1102.

Unless terminated by order of the court, a regular term of the circuit court shall be deemed in session and subject to sitting at call of the court, until the actual opening of the next following regular or special term. Source: SDC 1939 & Supp 1960, § 33.1102.

The judge may at any time terminate a term of the circuit court and dismiss the jury from further attendance by an order declaring the term at an end, announced in open court and entered in the minutes. The judge may thereafter call a special term if in his opinion the public int…

Repealed by SL 1973, ch 130 , § 13. 16-6-29 Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office. 16-6-30

16-6-20

The number of circuit judges of each of the judicial circuits established by § 16-5-1.2 is as follows: (1) First Circuit: Six circuit judges; (2) Second Circuit: Fourteen circuit judges; (3) Third Circuit: Six circuit judges; (4) Fourth Circuit: Four circuit judges; (5) Fifth Cir…

The circuit court has jurisdiction of appeals from all final judgments, decrees, or orders of all courts of limited jurisdiction, inferior officers, or tribunals, in the cases prescribed by statute. Source: CCivP 1877, § 29; CL 1887, § 4826; RCCivP 1903, § 31; RC 1919, § 2115; SD…

16-6-12 Original criminal jurisdiction of circuit court. 16-6-13

The circuit court has exclusive original jurisdiction to try and determine all cases of felony, and original jurisdiction concurrent with courts of limited jurisdiction as provided by law to try and determine all cases of misdemeanor and actions or proceedings for violation of an…

16-6-14 Circuit court jurisdiction as to persons detained. 16-6-15 Circuit court writs in exercise of powers. 16-6-16 Court always open for business--Place of hearings and determinations. 16-6-17 Issues of fact tried in proper county--Order at chambers any place within state. 16-…

The circuit court has jurisdiction to inquire into the cause of detention of all persons confined in the jail of the county or otherwise detained, and to make an order for their recommitment or discharge, or otherwise according to law, and to exercise such other powers as are con…

The circuit court has the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and all other writs necessary to carry into effect its judgments, decrees, and orders, and to give to it a general control over inferior courts, officers, boards, tribunals, corpo…

The circuit court is always open for the purposes of hearing and determining all actions, special proceedings, motions, and applications of whatever kind or character, and whether of a civil or criminal nature, arising under the laws of the state and of which it has jurisdiction,…

Issues of fact in any civil or criminal action in the circuit court shall be tried in the county in which the action is brought, or to which the place of trial is changed by order of the court upon the consent of the parties to such action or their attorneys, or upon the grounds …

16-6-19

Transferred to §

16-6-2.1

16-6-3 Time of election of judges--Terms of office. 16-6-3.1

Transferred to §

A judge of the circuit court is a judge of the circuit court in the State of South Dakota and in any circuit in which he acts as a judge. The orders, judgments, and decrees of a circuit judge acting in a county other than one in his own circuit shall be as effectual for all purpo…

At the general election in the year 1974 and every eight years thereafter, the judges of the circuit courts shall be elected for a term of eight years. Source: SL 1901, ch 118 , § 1; RPolC 1903, § 651; RC 1919, § 5166; SDC 1939 & Supp 1960, § 32.0402; SL 1966, ch 114 , § 2; SL 19…

16-6-4

16-6-31 Mandatory retirement of judges at age seventy--Conclusion of pending matters. 16-6-32 Service by retired justices and judges--Effect of acts.

A judge of a circuit court is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy of such judge. Such judge shall conclude …

Retired justices and judges, with their consent, may be authorized by the Chief Justice to preside in any action or proceeding, or over any term of court, in the circuit court and when so authorized and acting, the orders, judgments, and decrees of that court entered by him are a…

16-6-5

16-6-5.1 Additional compensation of presiding circuit judge--Not subject to certain retirement provisions. 16-6-6 Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses. 16-6-7 Courtroom facilities for circuit judges provided by counties. 16-6-8 Cha…