48 chapters · 792 sections in this title.
SDCL § 15-15-11 Request to prohibit public access to information in transcript--Filing under seal or with redaction of information
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A request to prohibit public access to certain information in a transcript shall be governed by §
SDCL § 15-15-12 Transcript of voir dire proceeding only available for inspection at courthouse
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In order to protect the confidentiality of private juror information the transcript of any voir dire proceeding shall not be made available to the public except through inspection at the courthouse unless otherwise ordered by the court. Source: SL 2015, ch 268 (Supreme Court Rule…
SDCL § 15-15-2 Clerk or judge to keep minutes in absence of reporter--Computer record
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If there is no court reporter making such record, the clerk of the court shall keep full and accurate minutes of all such matters as referred to in § 15-15-1 and rulings thereon. In the absence of both reporter and clerk, the judge shall preserve the minutes of the proceedings. I…
SDCL § 15-15-3 Exhibits and record evidence marked for identification and filed--Reading of contents or description into trial record
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All exhibits or other record evidence offered at the trial of a cause shall be marked for identification by the shorthand reporter or clerk and shall be filed as records in said cause. The trial judge may order a copy of any exhibit or of the material parts thereof filed in place…
SDCL § 15-15-4.1 Return of administrative record to agency of origin when judgment final
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Whenever the decision or judgment of the court has become final in an action governed by chapter 1-26 , the clerk of courts shall return to the agency of origin the administrative record filed with the court pursuant to the provisions of §
SDCL § 15-15-5 Record on motion for new trial--Contents--Formal settlement not required
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The record for presentation of any motion or application for a new trial shall consist of all the documents, evidence, motions, applications, objections, and rulings of the court as offered, filed, recorded, or entered in the minutes of the clerk or judge and the transcript of th…
SDCL § 15-15-6 Repealed by SL 1984, ch 12 , § 33 15-15-7 Fee for transcript--Exception for indigents
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15-15-7.1 Court reporter transcript fees. 15-15-8 Letter size paper required in all courts. 15-15-9 Content of record. 15-15-10 Temporary sealing of transcript. 15-15-11 Request to prohibit public access to information in transcript--Filing under seal or with redaction of informa…
SDCL § 15-15-7 Fee for transcript--Exception for indigents
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Unless ordered by the court to be supplied to an indigent or an indigent's counsel and paid out of the county treasury where court was held, a fee shall be charged to the person ordering a typewritten transcript by filing of an order for transcript on appeal of a proceeding taken…
SDCL § 15-15-7.1 Court reporter transcript fees
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The fee for the preparation of a transcript from a court reporter’s notes of evidence is three dollars and sixty cents per page for the original. The fee for a copy, furnished on request, is sixty-five cents per page, to be paid to the officer of the court who prepared the transc…
SDCL § 15-15-8 Letter size paper required in all courts
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Eight and one - half inch by eleven inch paper size shall be the only accepted size in all of the courts of the State of South Dakota. This section shall be applicable to all documents except original documents filed as exhibits. Source: Supreme Court Rule 82-3.
SDCL § 15-15-9 Content of record
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The record of any hearing, court trial or jury trial conducted by or on behalf of the Unified Judicial System shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits …
SDCL § 15-15A-1 Purpose of rule of access to court records
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The purpose of this rule is to provide a comprehensive policy on access to court records. The rule provides for access in a manner that: (1) Maximizes accessibility to court records, (2) Supports the role of the judiciary, (3) Promotes governmental accountability, (4) Contributes…
Procedure for requesting access to confidential financial documents
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(1) Any person may file a motion, supported by affidavit showing good cause, for access to confidential financial documents. Written notice of the motion shall be required. (2) If the person seeking access cannot locate a party to provide the notice required under this rule, afte…
SDCL § 15-15A-11 Requests for bulk distribution of court records
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Dissemination of bulk information for resale is prohibited pursuant to §
SDCL § 15-15A-12 Access to compiled information from court records
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(1) Compiled information is defined as information that is derived from the selection, aggregation or reformulation by the Supreme Court of some of the information from more than one individual court record. (2) Any member of the public may request compiled information that consi…
Requests to prohibit public access to information in court records
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A request to prohibit public access to information in a court record may be made by any party to a case, the individual about whom information is present in the court record, or on the court's own motion. Notice of the request must be provided to all parties in the case and the c…
SDCL § 15-15A-14 When court records may be accessed
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(1) Court records will be available where available for public access in the courthouse during hours established by the court. Court records in electronic form to which the court allows remote access under this rule will be available for access at least during the hours establish…
SDCL § 15-15A-15 Fees for accessing court records
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The Supreme Court may charge a fee for access to and copies of court records in electronic form, for remote access or compiled information. The fee shall be reasonable and may include costs for labor, materials and supplies. Fees for record searches are set forth in §
SDCL § 15-15A-16 Access to certain court security information
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Any information maintained by the Unified Judicial System for safeguarding and enhancing court security is not accessible to the public unless authorized by an order of the court. This includes information pertaining to the protection of the public, court staff and public propert…
SDCL § 15-15A-2 Who has access to court records under the rule
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Every member of the public has the same access to court records as provided in this rule, except as provided otherwise by statute or rule and except as provided in §
SDCL § 15-15A-3 Definition of terms
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(1) "Court record" includes any document, information, or other thing that is collected, received or maintained by a clerk of court in connection with a judicial proceeding. "Court record" does not include other records maintained by the public official who also serves as clerk o…
SDCL § 15-15A-4 Applicability of rule
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This rule applies to all court records, regardless of the physical form of the court record, the method of recording the information in the court record or the method of storage of the information in the court record. Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July …
SDCL § 15-15A-5 General access rule
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(1) Information in the court record is accessible to the public except and as prohibited by statute or rule and except as restricted by §§ 15-15A-7 through
SDCL § 15-15A-6 Court records that are only publicly available at a court facility
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A request to limit public access to information in a court record to a court facility in the jurisdiction may be made by any party to a case, an individual identified in the court record, or on the court's own motion. For good cause, the court will limit the manner of public acce…
SDCL § 15-15A-8 Confidential numbers, financial documents, and name of child excluded from public access
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The following information in a court record is not accessible to the public: (1) Social security numbers, employer or taxpayer identification numbers, and financial or medical account numbers of an individual; (2) Financial documents such as income tax returns, W-2's and schedule…
SDCL § 15-15A-9 Filing confidential numbers, financial documents, and name of child in court record
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The following procedures apply to the filing of confidential information in court records: (1) Social security numbers, employer or taxpayer identification numbers, and financial or medical account numbers of an individual where required to be filed with the court must be submitt…
SDCL § 15-16-1 Judgment for possession or damages in action for recovery of personal property
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In an action to recover the possession of personal property, the judgment for the plaintiff may be for the possession, or for the recovery of possession, or the value thereof in case a delivery cannot be had, and of damages for the detention. If the property has been delivered to…
SDCL § 15-16-10 Docket entry as to judgment stayed pending appeal--Lien suspended
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Whenever an appeal from any judgment shall be pending and the undertaking requisite to stay execution on such judgment shall have been given and the appeal perfected as provided in this title, the court in which such judgment was recovered may, on motion, after notice to the pers…
SDCL § 15-16-11 Assignment of judgment--Docket entry
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Every clerk of courts, upon the presentation to the clerk of an assignment of any judgment rendered or docketed in the office of the clerk of courts, signed by the party in whose favor the judgment is rendered, the party's personal representative, successor in interest, or the du…
SDCL § 15-16-12 Leave of court required for action on judgment
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No action shall be brought upon a judgment rendered in any court of this state, except a magistrate court, between the same parties, without leave of court for good cause shown, on notice to the adverse party. Source: SDC 1939 & Supp 1960, § 33.0105; SL 1974, ch 153 , § 9.
SDCL § 15-16-13 Action on magistrate's judgment prohibited within five years--Circumstances under which action permitted
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No action on a judgment rendered by a magistrate shall be brought in the same county, within five years after its rendition, except in case of his death, resignation, incapacity to act, or removal from the county, or if the process was not personally served on the defendant, or o…
SDCL § 15-16-14 Cancellation and discharge of judgment permitted on acknowledgment of satisfaction
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Any judgment rendered or docketed in the circuit courts of this state may be canceled and discharged by the clerk thereof upon the filing with him of an acknowledgment of the satisfaction thereof signed by the party in whose favor the judgment was obtained, his attorney of record…
SDCL § 15-16-15 Cancellation of judgment on return of satisfaction--Docket entry
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Upon the return of any execution, issued upon any judgment rendered or docketed in the circuit court, wholly satisfied or the presentation of a satisfaction piece duly executed and acknowledged as provided in § 15-16-14 , to the clerk of any circuit court, he shall immediately no…
SDCL § 15-16-16 Partial satisfaction of judgment--Docket entry and partial discharge of liens
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Any partial satisfaction of any judgment rendered or docketed in the circuit courts of this state may be made and noted upon the records in like manner; and thereupon all judgments and liens thereby created, must be taken and deemed to be canceled and discharged to the extent of …
SDCL § 15-16-17 Release of specific property from judgment lien--Docket entries
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Upon the filing of any duly acknowledged release signed by the owner of the judgment as shown by the docket entry thereof, his successor in interest, or attorney of record, releasing any specific item or items of real or personal property from the lien and effect of such judgment…
SDCL § 15-16-18 Docket entries on court order discharging or canceling judgment
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Upon the filing of any order of the court in which a judgment was rendered, or of any other court which has acquired jurisdiction so to do, directing satisfaction, discharge, or cancellation of the judgment in whole or in part, the clerk shall note such order on the docket entry …
SDCL § 15-16-19 Docket entries in other counties on judgment discharged or canceled on original docket
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The clerk of courts of any other county wherein any judgment canceled or discharged pursuant to §§ 15-16-14 to 15-16-18 , inclusive, shall have been docketed must cancel the same in like manner upon his judgment docket, upon the filing in his office of a certified copy of the ori…
SDCL § 15-16-2 Delivery of possession to purchaser in judgment for sale of real property
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Every judgment that contains a direction for the sale of any specific real property may also direct the delivery of the possession of such property to the purchaser; and the officer receiving the execution or order of sale may enforce such judgment by putting the purchaser in pos…
SDCL § 15-16-28 Docketing of federal court judgments--Effect
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The clerks of courts of this state are authorized and required to file and docket in their offices judgments and decrees of the district court of the United States within this state, and duly authenticated copies thereof, and transcripts therefrom in like manner as judgments and …
SDCL § 15-16-29 Lien of federal court judgment
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When judgments and decrees of the district court of the United States, or duly authenticated copies thereof, or transcripts therefrom containing the facts needed for a docket entry of a judgment or decree of the circuit courts of this state, are filed and docketed as provided in …
SDCL § 15-16-3 Interest added to money judgment
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When a judgment is for the recovery of money, interest from the time of the verdict or decision until judgment be finally entered must be added to the judgment of the party entitled thereto. Source: SDC 1939 & Supp 1960, § 33.1815. 15-16-4. Repealed by SL 1990, ch 149 , § 10
SDCL § 15-16-30 Assignment of federal court judgment--Docket entry
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Such judgments and decrees of the district court of the United States, filed and docketed pursuant to § 15-16-28 , may be assigned of record by filing a copy thereof together with the assignment duly authenticated, or a transcript thereof containing the facts needed for a docket …
SDCL § 15-16-31 Discharge and cancellation of federal court judgments--Docket entry
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Such judgments and decrees of the district court of the United States, filed and docketed pursuant to § 15-16-28 , may be discharged and canceled of record by filing a copy thereof and of the fact of such discharge or cancellation, duly authenticated, or a transcript therefrom co…
SDCL § 15-16-32 Setoff of mutual judgments
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Mutual final judgments may be set off, pro tanto, the one against the other by the court upon proper application and notice. Source: SDC 1939 & Supp 1960, § 33.1720.
SDCL § 15-16-33 Renewal of certain judgments by affidavit--Contents of affidavit
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Any judgment which in whole or in part directs the payment of money and which may be docketed in the office of the clerk of any court in this state may be renewed by the affidavit of the judgment creditor or of his personal representative, agent, attorney, or assignee at any time…
SDCL § 15-16-34 Filing and docketing of affidavit of renewal--Copy
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If the judgment was rendered in a court of this state, the affidavit for renewal shall be filed with the clerk of the court where such judgment was first docketed. If the judgment filed and docketed was a foreign judgment, the affidavit for renewal may be filed with the clerk of …
SDCL § 15-16-35 Operation as judgment lien--Continuation of lien--Execution
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The entry and docketing of an affidavit of renewal of a judgment shall operate to continue the lien of the judgment to the extent of the balance due on the judgment as shown by the affidavit on all real property, except the homestead, of the judgment debtor or debtors in the coun…
SDCL § 15-16-36 Incorporation in a judgment of original promissory note or other instrument of debt
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The act of incorporating in a judgment the original promissory note or other instrument of debt merges it into that judgment. Source: Supreme Court Rule 98-31.
SDCL § 15-16-37 Application for discharge of civil judgment debt discharged in bankruptcy
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Any person who has secured a discharge of a civil judgment debt pursuant to United States Code, Title 11, and any person interested in real property to which the judgment attaches may submit an application for a discharge of the judgment to the clerk of court in which the judgmen…
SDCL § 15-16-38 Contents of application--Service on judgment creditors
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An application under § 15-16-37 shall be sworn under oath and identify each judgment to be discharged, shall state that each judgment sought to be discharged was listed on the debtor's bankruptcy schedules, that no judgment sought to be discharged is nondischargeable under 11 USC…