Title 16, COURTS AND JUDICIARY

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 § 22-11-29 . Source: SL 1997, ch 45 , § 4.

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 …

For the answer or initial responsive pleading to 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 twenty-five dollars as a commission on equal access to our courts su…

For the answer or initial responsive pleading in a circuit court proceeding not subject to § 16-2-58.1 , the clerk of courts shall collect the sum of twenty-five dollars as a commission on equal access to our courts surcharge. The clerk shall collect the surcharge in the manner i…

The clerk of courts shall collect all amounts due under §§ 16-2-58 to 16-2-58.2 , inclusive, and transmit the amounts monthly to the state treasurer who shall place the amounts received into the equal access to our courts fund. Source: SL 2009, ch 102 , § 5; SL 2017, ch 91 , § 4.

There is hereby established the alternative care program to be administered by the Unified Judicial System. The Unified Judicial System shall award grants to nonprofit entities within the State of South Dakota that provide indigent adults with extended residential alternative car…

The Unified Judicial System shall initiate a request for proposal and publicize the availability of the grant funding and any procedures for obtaining grants pursuant to § 16-2-60 . Source: SL 2016, ch 111 , § 2, eff. Mar. 9, 2016.

The recipient of any such grant shall prepare a report containing information on the results and outcomes for program participants including: completion rates, termination rates, graduation rates, and recidivism data. The report shall be submitted to the Legislature no later than…

The State Court Administrator's Office shall conduct a pilot program that will allow access to Unified Judicial System case documents through a web-based electronic access portal. The State Court Administrator shall determine the procedure and parameters on how the pilot program …

Any documents obtained through an electronic search of the Unified Judicial System's electronic access portal shall be charged ten cents per page but no more than three dollars per document. This fee shall not be applicable to an attorney of record on a case or an abstractor for …

There is hereby created a Commission on Access to the Courts. The commission shall consist of eleven members appointed as follows: (1) Seven members appointed by the Chief Justice of the Supreme Court, three initially appointed for a term of two years and four appointed for a ter…

The Commission on Access to the Courts shall work collaboratively across the justice system to advance efforts to promote equal access to the court and inspire a high level of trust and confidence in the South Dakota court system. This may include: (1) Recommending improvements i…

APPENDIX A. APPENDIX A TO CHAPTER 16-2 SOUTH DAKOTA CODE OF JUDICIAL CONDUCT PREAMBLE Our legal system is based on the principle that an independent, impartial,* fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to…

16-2-B 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 or hear…

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.

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…

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…

The proponent may accept or reject the chief of legal research’s suggestions provided pursuant to § 16-3-5.4 . Within ten workdays of service of the suggestions, the proponent shall submit a final proposal to the clerk of the Supreme Court meeting the requirements of § 16-3-5.3 .…

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…

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 …