In overwhelming numbers, South Dakota citizens are pleased with how their courts and juries function. Seventy-five percent are confident they would get a fair trial if they were charged with a crime in this state. Not all legal cases end up in a jury trial, though, so to understand the extent to which South Dakotans use their courts, it is important to look at the total numbers of court cases filed in the first place. The Unified Judicial System tracks those filings, too, and divides them between civil and criminal cases. By far the most common civil case filed in state court is a small claims court action.
People often represent themselves, commonly without lawyers involved.
There has been no explosive increase in the number of civil lawsuits seeking damages in South Dakota state courts, whether for personal injury, property damage, or business losses. At the same time, domestic relations cases in South Dakota nearly tripled, juvenile cases more than tripled, and small claims cases more than doubled. A national perspective on state courts and civil caseloads South Dakota is not the only jurisdiction with stable or shrinking numbers of civil lawsuits seeking damages. In fact, the volume of tort litigation has declined steadily since 1990. Nationally, fewer than three out of every 100 tort cases goes to a jury trial.