reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-75 - Grounds for vacation of judgment and stay of execution--Repayment ordered.

15-39-75. Grounds for vacation of judgment and stay of execution--Repayment ordered.
The court may at any time after entry of judgment, upon motion, and after such notice, by mail or otherwise, as it may order, for cause shown, vacate any judgment entered under this procedure, for want of actual notice to a party, for error or for any other cause that the court may deem sufficient, and may stay or supersede execution.
The court may also order the repayment of anything collected under such judgment, and may enter judgment and issue execution therefor; but no order shall affect the title of any bona fide holder for value under said judgment.
Source:
SDC 1939 & Supp 1960, §33.4118; SDCL, §15-39-40; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-76 - Costs awarded on motion to vacate judgment.

15-39-76. Costs awarded on motion to vacate judgment.
Costs in an amount fixed by the court not exceeding two hundred fifty dollars may be awarded, in the discretion of the court, for or against either party to a motion to vacate judgment, and judgment may be entered and execution may be issued therefor, and any action by the court may be made conditional upon the payment of such costs of the performance or any other proper condition.
Source:
SDC 1939 & Supp 1960, §33.4118; SDCL, §15-39-41; Supreme Court Rule 81-4; SL 1987, ch 29, §77; Supreme Court Rule 97-22.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-76.1 - Notice of payment of judgment.

15-39-76.1. Notice of payment of judgment.
The lienholder shall notify the clerk upon full payment of the judgment, and the clerk shall satisfy the judgment at no charge to the parties involved. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the lienholder, the court shall issue an order to show cause requiring the lienholder appear and show cause why the judgment should not be satisfied.
Source:
Supreme Court Rule 81-7; SL 2005, ch 294 (Supreme Court Rule 05-08), effective Feb. 25, 2005.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-76.2 - Cancellation of judgment or transcript--Notice by prevailing party or attorney.

15-39-76.2. Cancellation of judgment or transcript--Notice by prevailing party or attorney.
Any judgment or transcript of a judgment rendered or docketed in small claims court shall be cancelled and discharged by the clerk of courts upon written notice by either the party in whose favor the judgment was obtained or that party's attorney.
Source:
SL 1988, ch 179.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-77 - Guardian ad litem.

15-39-77. Guardian ad litem.
When a minor is a party to a small claims action, a parent or guardian or conservator shall be considered a guardian ad litem for purpose of commencing said action or receiving service thereof.
Source:
Supreme Court Rule 81-4; SL 1993, ch 213, §92.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-79 - Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.

15-39-79. Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.
Notwithstanding any other provision of law, a parent, guardian, or custodian is entitled to use the procedures provided in this chapter to collect unreimbursed medical or health care costs incurred on behalf of a child from the other responsible parent.
Source:
SL 2005, ch 134, §14.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-1 - Supreme Court districts.

16-1-1. Supreme Court districts.
The state is divided into five Supreme Court districts from each of which a justice shall be selected as follows:
First District. The counties of Custer, Pennington, Lawrence, and Meade constitute the first Supreme Court district.
Second District. The county of Minnehaha constitutes the second Supreme Court district.
Third District. The counties of Brookings, Kingsbury, Moody, Miner, Sanborn, Beadle, Jerauld, Hand, Hyde, Hughes, Sully, Stanley, Brule, Buffalo, Jones, Jackson, Lyman, Mellette, Todd, Tripp, Bennett, Oglala Lakota, Fall River, Lake, and Haakon constitute the third Supreme Court district.
Fourth District. The counties of Union, Clay, Yankton, Hutchinson, Hanson, Davison, Bon Homme, Douglas, Aurora, Charles Mix, Gregory, McCook, Turner and Lincoln constitute the fourth Supreme Court district.
Fifth District. The counties of Grant, Roberts, Day, Marshall, Clark, Brown, McPherson, Edmunds, Faulk, Potter, Walworth, Campbell, Corson, Dewey, Ziebach, Perkins, Butte, Codington, Spink, Deuel, Hamlin, and Harding constitute the fifth Supreme Court district.
Source:
SD Const, art 5, §11; SL 1909, ch 109, §§1 to 5; RC 1919, §5127; SL 1927, ch 209; SL 1935, ch 87; SDC 1939 & Supp 1960, §32.0101; SL 1974, ch 154, §1; SL 1977, ch 174; SL 1982, ch 168; SL 1992, ch 151; SL 2001, ch 101, §1; SL 2011 (SS), ch 2, §1, eff. Jan. 23, 2012; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-2 - Number of justices--Term of office--Retention elections.

16-1-2. Number of justices--Term of office--Retention elections.
The Supreme Court shall consist of five justices.
The term of office of the justices of the Supreme Court shall be eight years. At the next general election following the expiration of three years from the date of his appointment, and every eighth year thereafter, each Supreme Court justice shall be subject to approval or rejection by the electorate in a statewide retention election.
Supreme Court justices in office on November 4, 1980, who were elected from each of the fourth and fifth districts shall be subject to a first retention election in 1984; and Supreme Court justices in office on November 4, 1980, who were elected from the first, second, and third districts shall be subject to a first retention election in 1986.
Source:
SD Const, art 5, §§5, 6, 8; SL 1909, ch 109, §§6, 7; RC 1919, §§5126, 5128; SDC 1939 & Supp 1960, §32.0102; SL 1974, ch 154, §2; SL 1981, ch 164, §2; SL 1982, ch 169.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-2.1 - Election of Chief Justice--Term of office--Removal.

16-1-2.1. Election of Chief Justice--Term of office--Removal.
The Chief Justice of the Supreme Court shall be selected from among the justices of the Supreme Court by a majority vote of the justices for a term of four years without limitation in successive terms. The Chief Justice so selected may be removed by a four-fifths vote of the justices but such removal shall not thereby constitute his removal as a justice of the Supreme Court.
Source:
SL 1973, ch 128, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-2.2 - Form of retention ballot.

16-1-2.2. Form of retention ballot.
The State Board of Elections shall promulgate rules pursuant to chapter 1-26 setting the deadline for requests from Supreme Court justices for inclusion on a retention ballot and prescribing the format of the Supreme Court justices' retention ballot.
Source:
SL 1981, ch 164, §3; SL 1998, ch 78, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-3.1 - Additional compensation of Chief Justice--Exclusion from retirement provisions.

16-1-3.1. Additional compensation of Chief Justice--Exclusion from retirement provisions.
The Chief Justice of the Supreme Court shall receive additional compensation for administrative duties in the sum of two thousand dollars. The additional compensation provided for by this section shall not be credited to the highest average annual compensation for retirement benefits under §3-12C-1107 or 3-12C-1607, or treated as compensation subject to contribution for retirement purposes under §3-12C-401.
Source:
SL 1977, ch 6, §11; SL 2019, ch 22, §§1, 45.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-4.1 - Mandatory retirement of justices at age seventy--Conclusion of pending matters.

16-1-4.1. Mandatory retirement of justices at age seventy--Conclusion of pending matters.
A justice of the Supreme 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 justice. Such justice shall conclude all matters pending before him unless the Supreme Court makes other provisions for the disposition of such matters.
Source:
SL 1973, ch 133, §1; SDCL Supp, §16-8-5.1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-5 - Retired justices and retired or active judges acting in place of disqualified justices.

16-1-5. Retired justices and retired or active judges acting in place of disqualified justices.
Retired justices and judges, with their consent, and active judges may be authorized by the Chief Justice to act in the place of disqualified justices, or in the event of vacancies or other necessities as determined by the Chief Justice. The court shall provide for the reimbursement of their expenses.
Source:
SL 1971, ch 153, §§1, 2; SDCL Supp, §§16-8-13, 16-8-14; SL 1974, ch 154, §4; SL 1977, ch 175.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-9 - Term of Supreme Court--Places.

16-1-9. Term of Supreme Court--Places.
The Supreme Court shall have but one term coincident with the calendar year and will be in session for consideration of cases on the calendar in the courtroom of the court at the capitol and in such other first and second class municipalities in the state as specified by order of the court.
Source:
SD Const, art 5, §4; SL 1890, ch 73, §1; RPolC 1903, §621; RC 1919, §5132; SDC 1939 & Supp 1960, §32.0104; Supreme Court Rule 75-2, §3; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01 - The Supreme Court › Section 16-1-14 - Supreme Court library--Publications included--Control by justices.

16-1-14. Supreme Court library--Publications included--Control by justices.
The Supreme Court library shall consist of all constitutions, statutes, session laws, court reports, digests, textbooks, and other legal publications now owned by the state and under the control of the justices of the Supreme Court, or which may hereafter be acquired by purchase, exchange, or otherwise.
The Supreme Court library shall be under the exclusive control and supervision of the justices of the Supreme Court who are hereby authorized to make such rules and regulations regarding its use as they may deem proper.
Source:
SL 1907, ch 183, §§1, 2; RC 1919, §5160; SDC 1939 & Supp 1960, §32.0311.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-1 - Definition of terms.

16-1A-1.Definition of terms.
Terms as used in this chapter, unless the context otherwise requires, mean:
(1)"Commission," the Commission on Judicial Qualifications provided for in S. D. Const., Art. V, §9 and this chapter;
(2)"Judge," a justice of the Supreme Court, a judge of the circuit court, or a judge of a court of limited jurisdiction.
Source:
SL 1973, ch 136, §1; Supreme Court Rule 82-4; Supreme Court Rule 84-10.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-2 - Commission membership--Terms of office.

16-1A-2. Commission membership--Terms of office.
There is hereby created a Commission on Judicial Qualifications which shall consist of seven members:
(1)Two judges of the circuit court, elected by the judicial conference;
(2)Three members of the bar practicing law in this state, no more than two of whom may be of the same political party, appointed by a majority vote of the state bar commissioners; and
(3)Two citizens who are not of the same political party, appointed by the Governor.
The term of office for a commission member is four years. No person may serve more than two terms as a member of the commission.
Source:
SL 1973, ch 136, §§2, 3; SL 1978, ch 148, §1; SL 1997, ch 114, §1; Supreme Court Rule 97-23; SL 1998, ch 307; ch 308; ch 309; SL 2000, ch 264 (Supreme Court Rule 00-10); SL 2013, ch 99, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-3 - Termination of commission membership on departure from qualifying position--Removal of members--Vacancies.

16-1A-3. Termination of commission membership on departure from qualifying position--Removal of members--Vacancies.
Commission membership terminates if a member ceases to hold the position that qualified him for appointment. Members of the commission may be removed for cause by the appointing power. A vacancy shall be filled by the appointing power for a term of four years.
Source:
SL 1973, ch 136, §4; SL 1978, ch 148, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-4 - Budget for commission--Rules--Confidentiality of proceedings--Administrative support.

16-1A-4. Budget for commission--Rules--Confidentiality of proceedings--Administrative support.
The Supreme Court shall prepare and present to the Legislature a proposed annual budget for the commission, make rules implementing and enforcing the powers of the commission, provide for confidentiality of proceedings, and provide administrative support in managing the budget, in paying for travel expenses, in paying salaries of employees, and in drafting contracts for services as directed by the commission pursuant to §§16-1A-6 to 16-1A-8, inclusive.
Source:
SL 1973, ch 136, §7; SL 2009, ch 101, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-5 - Chairman of commission--Majority required for action.

16-1A-5. Chairman of commission--Majority required for action.
The commission shall elect one of its members to serve as chairman for a term prescribed by the commission. No act of the commission is valid unless concurred in by a majority of its members.
Source:
SL 1973, ch 136, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-6 - Travel expenses and per diem of commission members.

16-1A-6. Travel expenses and per diem of commission members.
Each member of the commission shall be allowed travel expenses and per diem as provided by rule of the Supreme Court.
Source:
SL 1973, ch 136, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-7 - Employment of personnel by commission--Powers in investigation.

16-1A-7. Employment of personnel by commission--Powers in investigation.
The commission may employ all necessary personnel for the purpose of investigating complaints made against a judge and for the purpose of presenting nominations to the Governor to fill all judicial vacancies. The commission may administer oaths, subpoena witnesses and take depositions as provided by §§1-26-19.1 and 1-26-19.2 or as may be otherwise provided by law or rule of the Supreme Court.
Source:
SL 1973, ch 136, §8; SL 1978, ch 149.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-8 - Employment of personnel by commission--Compensation of witnesses--Counsel.

16-1A-8. Employment of personnel by commission--Compensation of witnesses--Counsel.
The commission may employ officers, assistants, and other employees which it considers necessary for the performance of the duties and exercise of the powers conferred upon the commission, it may arrange for and compensate medical and other experts and reporters, may arrange for the attendance of witnesses, including witnesses not subject to subpoena, and may pay from funds available to it all expenses reasonably necessary for effectuating the purposes of S.D. Const., Art. V, §9. The attorney general shall, if requested by the commission, act as its counsel generally or in any particular investigation or proceeding. The commission may employ special counsel from time to time when it considers it necessary.
Source:
SL 1973, ch 136, §9.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-9 - Recommendations by commission.

16-1A-9. Recommendations by commission.
Based upon its findings the Commission on Judicial Qualifications shall make a recommendation either that no further action be taken or that the judge investigated be censured, suspended, removed, or retired.
Source:
SL 1973, ch 136, §10; Supreme Court Rule 82-5; Supreme Court Rule 84-11.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-10 - Status of judge pending criminal, removal or retirement proceedings.

16-1A-10. Status of judge pending criminal, removal or retirement proceedings.
A judge is disqualified from acting as a judge, but shall suffer no loss of salary, while there is pending an indictment or an information charging him with a crime punishable as a felony under South Dakota or federal law, or a recommendation to the Supreme Court by the commission for his removal or retirement.
Source:
SL 1973, ch 136, §11.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-11 - Participating judge disqualified from sitting in appeal.

16-1A-11. Participating judge disqualified from sitting in appeal.
A judge who has participated in proceedings involving a judge may not participate in an appeal involving that judge in that particular matter.
Source:
SL 1973, ch 136, §14.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-12 - Suspension of judge on conviction of crime--Reversal of conviction--Removal when conviction final.

16-1A-12. Suspension of judge on conviction of crime--Reversal of conviction--Removal when conviction final.
On recommendation of the commission or on its own motion, the Supreme Court may suspend a judge from office without salary when he pleads guilty or no contest, or is found guilty of a crime punishable as a felony under South Dakota or federal law, or of any crime that involves moral turpitude. If his conviction is reversed, the suspension shall terminate, and he shall be paid his salary for the period of suspension. If he is suspended and his conviction becomes final the Supreme Court shall remove him from office.
Source:
SL 1973, ch 136, §12.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-13 - Benefits retained by retired judge--Loss of benefits by removed judge .

16-1A-13. Benefits retained by retired judge--Loss of benefits by removed judge.
A judge retired by the Supreme Court shall not by reason thereof lose any benefits to which he may be entitled pursuant to chapter 3-12C. A judge removed by the Supreme Court is permanently ineligible for judicial office and shall be entitled only to a refund of contributions pursuant to §3-12C-602.
Source:
SL 1973, ch 136, §13; SL 2019, ch 22, §§1, 45.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 01A - Commission On Judicial Qualifications › Section 16-1A-15 - Judicial Qualifications Commission to investigate matters referred by Division of Criminal Investigation.

16-1A-15. Judicial Qualifications Commission to investigate matters referred by Division of Criminal Investigation.
The Judicial Qualifications Commission shall review and investigate any matter referred to the commission by the Division of Criminal Investigation and may recommend appropriate action.
Source:
SL 2017, ch 73, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-20 - General supervision of circuit courts by Chief Justice--Purposes.

16-2-20. General supervision of circuit courts by Chief Justice--Purposes.
Pursuant to S.D. Const., Art. V, §11 the Chief Justice of the Supreme Court shall have and exercise such general direction and supervision of the work of the circuit courts as deemed necessary to expedite the work of the courts, alleviate congestion, secure prompt disposition of cases, and distribute the work load in the circuits among the judges and between the circuits.
Source:
SL 1966, ch 114, §11; SDCL, §16-6-20; SL 1973, ch 130, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-20.1 - Quarterly reports of undecided circuit court cases--Submission and transmittal--Discipline for noncompliance.

16-2-20.1. Quarterly reports of undecided circuit court cases--Submission and transmittal--Discipline for noncompliance.
Every circuit judge of this state shall on the first day of January, April, July, and October of each year submit a report, on forms as designated by the Supreme Court, to the presiding judge of his or her respective circuit specifying the cases that remain undecided ninety days or more after submission, together with the cases that were under submission for ninety days or more prior to the date they were decided during the reporting period. Such reports shall be transmitted by the Presiding Judges to the Chief Justice of the Supreme Court within ten days following the reporting date. For the purpose of this section a matter shall be deemed submitted when the last brief is presented or the time for presenting briefs expires or, in cases in which no briefing schedule has been fixed, when the parties rest. Willful noncompliance with the provisions of this rule shall constitute grounds for discipline under the provisions of Canon 3A(5) of the South Dakota Code of Judicial Conduct and S.D. Const., Art. V, §9.
Source:
Supreme Court Rule 79-8; Supreme Court Rule 80-18.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-21 - Presiding judges--Appointment--Administrative powers and duties--Court held in each county.

16-2-21. Presiding judges--Appointment--Administrative powers and duties--Court held in each county.
The presiding judge in each judicial circuit, to be appointed by the Chief Justice, subject to the rules of the Supreme Court, has administrative supervision and authority over the operation of the circuit courts, the courts of limited jurisdiction, and clerks and other court personnel in the circuit. These powers and duties include the following:
(1)Arranging schedules and assigning circuit judges for sessions of circuit courts;
(2)Arranging or supervising the calendaring of matters for trial or hearing;
(3)Appointing clerks, deputies and other personnel within the circuit to make available their services in every county in the circuit and supervising the personnel in the discharge of their functions;
(4)Assigning matters and duties to clerks, and prescribing times and places at which clerks shall be available for the performance of their duties;
(5)Making arrangements with proper authorities for the drawing of jury panels and determining which sessions must be jury sessions;
(6)Arranging for the reporting of cases by court reporters or other authorized means;
(7)Arranging for the orderly disposition of specialized matters, including traffic, domestic relations, and proceedings under chapters 26-7A, 26-8A, 26-8B, and 26-8C;
(8)Promulgating a schedule of offenses for which magistrates or other designated persons may accept written appearances, waivers of trial, and pleas of guilty, and establishing a schedule of fines and bails therefor;
(9)Assigning to other circuit judges in the circuit various powers and duties in this chapter provided;
(10)Periodically reviewing the performance and application by magistrates, clerks and deputy clerks of schedules they are to follow, and correcting, with or without the request of the person affected, erroneous application thereof.
The presiding judge shall arrange that a circuit judge is available to hold court in the county seat of each county in the circuit as necessary to distribute the work of the courts, alleviate congestion, and secure the prompt disposition of cases for each county.
Source: SDC 1939 & Supp 1960, §33.1205; SDCL §
16-6-19
; SL 1973, ch 130, §5; SL 1975, ch 162, §2; SL 1998, ch 113, §1; SL 2011, ch 107, §1; SL 2021, ch 86, § 2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-23.1 - Fees retained by court reporter.

16-2-23.1. Fees retained by court reporter.
Notwithstanding §3-8-3, a court reporter may receive and retain as his own, any fees for taking testimony or preparing transcripts that are authorized by the justice, judge, or magistrate who appointed him.
Source:
SL 1975, ch 162, §9.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-25 - Counties to provide facilities for clerk.

16-2-25. Counties to provide facilities for clerk.
Each county in the state shall provide suitable and adequate facilities for the clerk or any deputy clerk of the circuit court, including the facilities necessary to make the space provided functional for its intended use.
Source:
SL 1973, ch 130, §8; SDCL Supp, §16-10-2.1; SL 1974, ch 55, §21; SL 1975, ch 162, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-25.1 - Supplies of judge or magistrate provided to unified system.

16-2-25.1. Supplies of judge or magistrate provided to unified system.
All furnishings, supplies, and materials owned by a county, municipality, or township, which were used by, or on behalf of, any judge or justice of the peace for the execution of his judicial duties on or before January 7, 1975, or which are purchased after that date for the use of a judge or magistrate, shall be provided to the Unified Judicial System.
Source:
SL 1975, ch 162, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-26 - Municipalities and townships to provide facilities for magistrates' clerks.

16-2-26. Municipalities and townships to provide facilities for magistrates' clerks.
Any municipality or township in the state assigned a magistrate for the principal purpose of providing service to such political subdivisions shall, upon order of the presiding judge of the circuit, provide suitable and adequate quarters for any deputy clerk of the circuit appointed to serve the magistrate, including the facilities necessary to make the space provided functional for its intended use.
Source:
SL 1973, ch 130, §9; SDCL Supp, §16-10-2.2; SL 1974, ch 55, §22; SL 1975, ch 162, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-27 - Continuing duties of clerks of court.

16-2-27. Continuing duties of clerks of court.
The duly elected or appointed clerks of courts shall continue to perform duties as follows:
(1)Duties, nonjudicial in nature, required by law to be performed until transferred by the Legislature to other appropriate officers, or until such duties are abolished, provided that in such event provision will be made for the transfer of all books and records as may be appropriate to carry out the intent of any such action; and
(2)Judicial duties involving civil, probate, or criminal procedure or remedies, whether heretofore prescribed by law or by rule of the Supreme Court, until further order of the Supreme Court.
Source:
Supreme Court Order, October 29, 1973.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-27.1 - Passport application duties of clerks--Fees.

16-2-27.1. Passport application duties of clerks--Fees.
Clerks of the circuit courts in the counties of Aurora, Bennett, Bon Homme, Brule, Buffalo, Butte, Campbell, Charles Mix, Clark, Corson, Custer, Day, Deuel, Dewey, Douglas, Edmunds, Fall River, Faulk, Grant, Gregory, Haakon, Hamlin, Hand, Hanson, Harding, Hutchinson, Hyde, Jackson, Jerauld, Jones, Kingsbury, Lincoln, Lyman, Marshall, McCook, McPherson, Mellette, Miner, Moody, Perkins, Potter, Roberts, Sanborn, Spink, Stanley, Sully, Tripp, Turner, Union, Walworth, and Ziebach may assist in the execution of United States passport applications. Any fees collected but not remitted to the United States State Department shall be deposited in the state general fund.
Source:
Supreme Court Rule 85-10; SL 2008, ch 290 (Supreme Court Rule 08-04), eff. July 1, 2008.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-28 - Accounting system for funds.

16-2-28. Accounting system for funds.
The Supreme Court shall by rule provide for an accounting system for the receipting, holding, and disbursement of fines, fees, costs, forfeitures, restitution, bonds, trust funds, support and alimony payments, penalties, assessments, and other funds established by law.
Source:
SL 1949, ch 32; SDC Supp 1960, §12.1404-1; SDCL, §16-10-5; SL 1982, ch 170, §1; SL 1998, ch 114, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-29.1 - Fees of Supreme Court clerk--No fee in certain cases.

16-2-29.1. Fees of Supreme Court clerk--No fee in certain cases.
The clerk of the Supreme Court shall charge the following fees and shall collect them in advance:
(1)For each action or proceeding originally commenced in or brought to the Supreme Court by appeal, to be advanced by the party commencing or bringing such action or proceeding, fifty dollars;
(2)For each certificate of admission to practice as an attorney and counselor at law, ten dollars;
(3)For each copy of any opinion, record or paper from an active file in the clerk's custody, fifty cents per page, provided, however, that the minimum charge shall be two dollars;
(4)For each copy of any opinion, record or paper from an inactive file in the clerk's custody, fifty cents per page, provided, however, that the minimum charge shall be five dollars;
(5)For facsimile or electronic mail transmission of any opinion, record or paper from an active or inactive file in the clerk's custody, one dollar per page, provided, however, that the minimum charge shall be five dollars.
No fee may be required under the provisions of this section in habeas corpus proceedings or in actions or proceedings or appeals brought by the state or agencies thereof, including political subdivisions, or public officials acting on the behalf of any of them.
Source:
SDC 1939 & Supp 1960, §§32.0203, 33.0708; SL 1963, ch 225; SDCL §§15-26-7, 16-2-10; SL 1975, ch 161, §1; Supreme Court Rule 85-2; SL 1991, ch 438 (Supreme Court Rule 91-4); SL 2000, ch 262 (Supreme Court Rule 00-8); SL 2011, ch 108, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-29.2 - Waiver of filing fees and service costs--Motion to court.

16-2-29.2. Waiver of filing fees and service costs--Motion to court.
A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the court upon the affidavit of the moving party and the entry of an order thereon.
Source:
SL 1975, ch 161, §2; SL 1982, ch 171, §1; SL 1983, ch 161.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-29.3 - Waiver of filing fees--Affidavit of inability to pay.

16-2-29.3. Waiver of filing fees--Affidavit of inability to pay.
The affidavit required by §16-2-29.2 of the moving party shall state the moving party's inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress.
Source:
SL 1982, ch 171, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-29.4 - Waiver of filing fees--Dismissal of action if allegation of poverty untrue or action frivolous or malicious.

16-2-29.4. Waiver of filing fees--Dismissal of action if allegation of poverty untrue or action frivolous or malicious.
The court may, at any time after filing of the affidavit, dismiss any civil action, proceeding, or appeal if the allegation of poverty is found to be untrue or if satisfied that the action, proceeding, or appeal is frivolous or malicious.
Source:
SL 1982, ch 171, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-29.5 - Records search fee.

16-2-29.5. Records search fee.
The clerk of court shall charge a records search fee in the amount of twenty dollars for each record search conducted if the search is requested by a person who is not a party named in the action for which the search is being requested. The clerk shall charge a fee of five dollars if the requesting party certifies that the search is being requested in conjunction with a pending state or federal cause of action. A separate fee shall be charged for each name, whether individual or corporate, for which a search is requested. The clerk shall deposit the fee in accordance with §16-2-43. The clerk may not charge a records search fee if the search is requested by an attorney of record or any member of the attorney of record's law firm or staff.
Source:
SL 1995, ch 115, §2; SL 1997, ch 115, §1; SL 2006, ch 112, §1; SL 2012, ch 113, §1, eff. Jan. 1, 2013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-29.6 - Electronic searches of money judgments.

16-2-29.6. Electronic searches of money judgments.
Electronic searches of the statewide civil money judgment database may be performed by a web-based search for a fee of four dollars for name or date searches and one dollar for judgment docket information. The same information is available on an unlimited basis by bulk users for two thousand five hundred dollars per year or two hundred fifty dollars per month with advance payment. This information will include new civil money judgments and updated judgment information. An initial purchase of twenty years of historical statewide civil money judgment data, which includes all active judgment information to the date of the request, and all inactive judgment information from April19, 2004 to the date of the request, is available for three thousand dollars by contacting the state court administrator's office. The fees will be deposited in accordance with §16-2-43.
Source:
SL 2006, ch 272 (Supreme Court Rule 05-11), eff. March 31, 2006.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-30 - Clerk to forward fees and costs monthly to county treasurer.

16-2-30. Clerk to forward fees and costs monthly to county treasurer.
The clerk of courts shall forward all fees and costs on a monthly basis to the county treasurer for deposit in the county general fund.
Source:
SL 1889, ch 60, §1; RPolC 1903, §953; RC 1919, §6020; SDC 1939, §12.1404; SDCL, §16-10-6; SL 1982, ch 170, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-34 - Distribution of fines and penalties collected for violation of local ordinances.

16-2-34. Distribution of fines and penalties collected for violation of local ordinances.
Thirty-five percent of all fines, penalties, and forfeitures collected by or through the use of a circuit or magistrate court, clerk, or other court officer for violations of a county, township, municipal or chartered governmental unit's ordinance, charter, or bylaw, shall be paid into the state general fund as provided by chapter 4-3 and sixty-five percent to the appropriate government subdivision treasurer.
Source:
SL 1974, ch 158, §4; SL 1975, ch 162, §6; SL 1977, ch 177; SL 1983, ch 162, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-38 - Unified Judicial System court automation fund created.

16-2-38. Unified Judicial System court automation fund created.
There is hereby created in the state treasury a special fund known as the Unified Judicial System court automation fund.
Source:
SL 1990, ch 151, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-39 - Court automation surcharge--Amount in civil action--Collection.

16-2-39. Court automation surcharge--Amount in civil action--Collection.
In each civil action, proceeding for judicial remedy, and probate proceeding, the clerk of courts shall collect the sum of forty dollars as a unified judicial system court automation surcharge. The forty-dollar surcharge does not apply to a small claims action. In each small claims action, the clerk of courts shall collect as a unified judicial system court automation surcharge the sum of twelve dollars if the amount in controversy is less than four thousand dollars and sixteen dollars if the amount in controversy is four thousand dollars or more. The surcharge shall be collected from the plaintiff or person instituting the action or proceeding at the time of filing the first paper. The surcharge shall be collected by the clerk in the manner in which other fees are collected. However, no surcharge may be collected for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy commenced by the state, a county, a municipality, or a school district.
Source:
SL 1990, ch 151, §2; SL 1991, ch 170, §1; SL 1999, ch 104, §1; SL 2004, ch 141, §1; SL 2009, ch 102, §2; SL 2010, ch 107, §1, eff. Feb. 25, 2010.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-39.1 - Court automation surcharge for small claims actions after June 30, 2015.

16-2-39.1. Court automation surcharge for small claims actions after June 30, 2015.
After June 30, 2015, notwithstanding §16-2-39, in each small claims action, the clerk of courts shall collect as a unified judicial system court automation surcharge the sum of six dollars if the amount in controversy is less than four thousand dollars and eight dollars if the amount in controversy is four thousand dollars or more.
Source:
SL 2010, ch 107, §4, eff. Feb. 25, 2010.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-40 - Surcharge taxable as costs.

16-2-40. Surcharge taxable as costs.
The surcharge provided for in §16-2-39 shall be costs in the case and are taxable as such.
Source:
SL 1990, ch 151, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-41 - Court automation surcharge for certain criminal actions.

16-2-41. Court automation surcharge for certain criminal actions.
In each criminal action, in addition to any other liquidated costs, penalty, assessment, or fine provided by law, there shall be levied a unified judicial system court automation surcharge according to the following schedule:
(1)Violation of county or municipal ordinances or administrative rules having criminal penalties, seventeen dollars and fifty cents;
(2)Violation of state statute classified as a Class 2 misdemeanor, twenty-three dollars and fifty cents;
(3)Violation of a state statute classified as a Class 1 misdemeanor, forty-one dollars and fifty cents;
(4)Violation of a state statute classified as a felony, sixty-one dollars and fifty cents.
Source:
SL 1990, ch 151, §4; SL 1991, ch 170, §2; SL 1991, ch 172; SL 1999, ch 104, §2; SL 2004, ch 141, §2; SL 2010, ch 107, §2, eff. Feb. 25, 2010.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-41.1 - Court automation surcharge for actions filed in Supreme Court.

16-2-41.1. Court automation surcharge for actions filed in Supreme Court.
In each appeal, intermediate appeal, original proceeding, or other action filed in the Supreme Court, the clerk of the court shall collect the sum of fifty dollars as a unified judicial system court automation surcharge. However, no surcharge may be collected in any proceeding commenced in the Supreme Court by the state, a county, a municipality, or a school district.
Source:
SL 1999, ch 104, §3; SL 2004, ch 141, §3; SL 2010, ch 107, §3, eff. Feb. 25, 2010.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-42 - Waiver of surcharge--Conditions.

16-2-42. Waiver of surcharge--Conditions.
The surcharge provided for in §16-2-39 may be waived in the manner provided for in §§16-2-29.2 to 16-2-29.4, inclusive. If a fine is suspended in whole or in part, the surcharge provided for in §16-2-41 may not be reduced. However, the judge may waive all or any part of the payment of the surcharge which would work a hardship on the person convicted or on his immediate family.
Source:
SL 1990, ch 151, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-43 - Collection and transmittal to state treasurer--Deposit in funds.

16-2-43. Collection and transmittal to state treasurer--Deposit in funds.
The clerk of courts shall collect all amounts due under §§16-2-29.5, 16-2-39, and 16-2-41 and transmit such amounts monthly to the state treasurer who shall place such amounts received into the Unified Judicial System court automation fund. For any search performed after June 30, 2015, the state treasurer shall place five dollars of the twenty dollar fee collected pursuant to §16-2-29.5 into the law enforcement officers' training fund.
Source:
SL 1990, ch 151, §6; SL 2015, ch 115, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-44 - Use of court automation fund money.

16-2-44. Use of court automation fund money.
Any money in the Unified Judicial System court automation fund shall be used by the Unified Judicial System to be used with any other moneys otherwise appropriated to pay necessary costs for court automation projects to improve information or case management systems or the administration of justice.
Source:
SL 1990, ch 151, §7.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-45 - Fee for filing divorce action--Distribution of fee.

16-2-45. Fee for filing divorce action--Distribution of fee.
The clerk of courts shall charge and collect a fee of fifty dollars for filing a divorce action. The fee shall be deposited in the county general fund as provided in §16-2-30. The county treasurer shall deposit half of the fee in the county domestic abuse program fund and half of the fee in the county general fund.
Source:
SL 1993, ch 192, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-47 - Refusal to file or docket document.

16-2-47. Refusal to file or docket document.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-47.1 - Written notice by clerk of counterfeit documents.

16-2-47.1. Written notice by clerk of counterfeit documents.
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 in the document, instrument, or judgment.
Source:
SL 1998, ch 41, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-48 - Court action for refusal to file or docket document.

16-2-48. Court action for refusal to file or docket document.
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 required or authorized by law to file or docket the document or that the lien is not counterfeit, it shall order the clerk to file or docket the document.
Source:
SL 1997, ch 45, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-49 - Liability for refusal to file or docket document.

16-2-49. Liability for refusal to file or docket document.
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 resulting from the refusal.
Source:
SL 1997, ch 45, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-50 - Definitions.

16-2-50. Definitions.
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 appointed special advocates grant program.
Source:
SL 2003, ch 120, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-51 - Court appointed special advocates grant program established.

16-2-51. Court appointed special advocates grant program established.
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. Grants may also be awarded from money in the fund to the South Dakota CASA Association. Grants shall be awarded to support the development, growth, quality, and continuation of CASA programs in South Dakota.
Source:
SL 2003, ch 120, §2.