reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-52 - Court appointed special advocates fund established--Use of fund.

16-2-52. Court appointed special advocates fund established--Use of fund.
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, interest received on moneys in the fund, and any other fees and moneys collected for the purposes of §§23-3-52, 23-3-53, and 16-2-50 to 16-2-54, inclusive. Money in the fund shall be used for the purpose of funding and administering the grant program. Any expenditure from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the state court administrator of the Unified Judicial System.
Source:
SL 2003, ch 120, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-53 - Court Appointed Special Advocates Commission established--Membership--Terms--Reimbursement.

16-2-53. Court Appointed Special Advocates Commission established--Membership--Terms--Reimbursement.
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 System and consists of five residents of the state, appointed to three-year terms. The commission shall include one member appointed by the Governor with experience in the duties of investigation of child abuse and neglect, one member appointed by the Governor who is a current or former South Dakota legislator, one member appointed by the Governor who has experience in issues of child abuse and neglect in a tribal setting, one member appointed by the Chief Justice of the Supreme Court who has a background in judiciary or legal services with experience and knowledge in abuse and neglect court proceedings, and one member appointed by the Chief Justice of the Supreme Court who has experience with providing treatment services to children who are victims of abuse and neglect. The commission shall meet as necessary to carry out its functions. Each member of the commission shall be paid mileage at the same rate as allowed for state employees and shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to §4-7-10.4 for time spent attending commission meetings. However, no per diem may be paid to any commission member who is a state employee.
Source:
SL 2003, ch 120, §6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-54 - Award of grants--Procedures for obtaining grant.

16-2-54. Award of grants--Procedures for obtaining grant.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-55 - Commission on Equal Access to Our Courts created.

16-2-55. Commission on Equal Access to Our Courts created.
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 for a term of three years, as designated by the Governor. The Governor shall appoint members who are not lawyers;
(2)Two members appointed by the Chief Justice of the Supreme Court, one initially appointed for a term of two years and one for a term of three years, as designated by the Chief Justice. The Chief Justice shall appoint members who are judges or lawyers;
(3)Two members appointed by the president of the State Bar of South Dakota, one initially appointed for a term of one year and one for a term of three years, as designated by the president. The president shall appoint members who are lawyers.
Thereafter, each appointment shall be for a term of three years, beginning on the first day of July. The commission members shall serve without compensation.
Source:
SL 2008, ch 104, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-56 - Grants to entities that deliver services to persons meeting income guidelines.

16-2-56. Grants to entities that deliver services to persons meeting income guidelines.
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 guidelines.
Source:
SL 2008, ch 104, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-56.1 - Considerations for awarding grants from equal access to our courts fund.

16-2-56.1. Considerations for awarding grants from equal access to our courts fund.
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 provide legal representation to victims of domestic violence who do not exceed 150% of applicable federal poverty guidelines;
(3)Grant applications for entities that will provide legal assistance in general legal matters, to clients who do not exceed 125% of applicable federal poverty guidelines;
(4)Grant applications that will supplement eligible nonprofit entities which have expended applicable legal services corporation grant moneys for private attorney involvement;
(5)Grant applications that facilitate systemic efficiencies and promote statewide cooperation among eligible grant recipients;
(6)Demonstrated financial need of entities applying for grants;
(7)Grant applications that promote statewide coverage for eligible clients;
(8)Grants that are consistent with serving more eligible clients within the limited available resources; and
(9)Grant applications that seek to address unmet legal needs of the poor or which promote innovative approaches to improve access to justice for all citizens of the state.
Source:
SL 2017, ch 91, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-57 - Settlement of class action lawsuit.

16-2-57. Settlement of class action lawsuit.
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 distributed to one or more other nonprofit charitable organizations that serve the public good if the court finds there is good cause to approve such a distribution as part of the settlement. For the purposes of this section, residual funds are any funds left over after payment of class member claims, attorney fees and costs, and any reversions to a defendant agreed upon by the parties and approved by the court. This section does not apply to any class action lawsuit against the State of South Dakota or any of its political subdivisions.
Source:
SL 2008, ch 104, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-58 - Commission on equal access to our courts surcharge for petition to modify order for child support, child custody, child visitation, or spousal support.

16-2-58. Commission on equal access to our courts surcharge for petition to modify order for child support, child custody, child visitation, or spousal support.
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 person filing the motion or petition at the time of filing. The surcharge shall be collected by the clerk in the manner in which other fees are collected. No surcharge may be collected in any civil action or proceeding commenced by the state, county, a municipality, or a school district. The surcharge may be waived pursuant to the provisions of §§16-2-29.2 and 16-2-29.3.
Source:
SL 2009, ch 102, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-58.1 - Commission on equal access to our courts surcharge for answer or responsive pleading to petition to modify order for child support, child custody, child visitation, or spousal support.

16-2-58.1. Commission on equal access to our courts surcharge for answer or responsive pleading to petition to modify order for child support, child custody, child visitation, or spousal support.
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 surcharge. The surcharge shall be collected from the person filing the answer or responsive pleading at the time of filing. The surcharge shall be collected by the clerk in the manner in which other fees are collected. No responsive surcharge may be collected in any civil action or proceeding commenced by the state, county, a municipality, or a school district, or if the responding party is receiving assistance benefits under title 28. The surcharge may be waived pursuant to the provisions of §§16-2-29.2 and 16-2-29.3.
Source:
SL 2017, ch 91, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-58.2 - Commission on equal access to our courts surcharge for answer or responsive pleading in proceedings not subject to §16-2-58.1.

16-2-58.2. Commission on equal access to our courts surcharge for answer or responsive pleading in proceedings not subject to §16-2-58.1.
For the answer or initial responsive pleading in circuit court proceedings 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 surcharge shall be collected by the clerk in the manner in which other fees are collected. No responsive surcharge may be collected in any civil action or proceeding wherein the responding party is the state, county, a municipality, or a school district, or if the responding party is receiving assistance benefits under title 28. The responsive surcharge may be waived pursuant to the provisions of §§16-2-29.2 and 16-2-29.3.
Source:
SL 2017, ch 91, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-59 - Collection of surcharge--Equal access to our courts fund.

16-2-59. Collection of surcharge--Equal access to our courts fund.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-60 - Residential alternative care program grant--Maximum amount.

16-2-60. Residential alternative care program grant--Maximum amount.
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 care programs designed to reduce the risk of recidivism. The grants shall be awarded for room and board costs for South Dakota residents of the program with a maximum award of fifty dollars per day per resident. Any grant award shall be distributed in quarterly installments.
Source: SL 2016, ch 111, §1, eff. Mar. 9, 2016; SL 2023, ch 64, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-61 - Alternative care program grants.

16-2-61. Alternative care program grants.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-62 - Report of grant recipient.

16-2-62. Report of grant recipient.
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 November 15, 2017.
Source:
SL 2016, ch 111, §3, eff. Mar. 9, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-63 - Electronic access to case documents pilot program.

16-2-63. Electronic access to case documents pilot program .
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 shall be implemented and shall report the results of the pilot program prior to December 31, 2020. The pilot program shall continue until further order of the Court.
Source:
SL 2019, ch 228 (Supreme Court Rule 19-07), §1, eff. Feb. 25, 2019.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-64 - Document charges for electronic access to documents pilot program.

16-2-64. Document charges for electronic access to documents 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 use during the normal course of business or any entity that has a data access agreement providing document access. A self-represented litigant may not be charged a copy fee by the clerk of court for documents on cases in which they appear as a party. Any fee collected pursuant to this section will be deposited in accordance with §16-2-43.
Source:
SL 2019, ch 228 (Supreme Court Rule 19-07), §2, eff. Feb. 25, 2019.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-65 - Commission on Access to the Courts--Creation--Members--Terms--Appointment--Compensation--Staff.

16-2-65. Commission on Access to the Courts--Creation--Members--Terms--Appointment--Compensation--Staff.
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 term of three years.
(2)Four members appointed by the President of the State Bar of South Dakota, two initially appointed for a term of two years and two for a term of three years.
Thereafter, each appointment shall be for a term of three years, beginning on the first day of July. No member may serve more than two consecutive terms.
The Chief Justice of the Supreme Court shall appoint a chair of the commission and the President of the State Bar shall appoint a vice-chair of the commission from their appointed members. The commission members shall serve without compensation. The Commission shall be staffed by the Unified Judicial System.
Source: Supreme Court Rule 24-03, §1, eff. Feb. 20, 2024.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 02 - The Unified Judicial System › Section 16-2-66 - Commission on Access to the Courts--Purpose--Action.

16-2-66. Commission on Access to the Courts--Purpose--Action.
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 in court processes, procedures, and policies;
(2)Addressing access to counsel and collaborative efforts with entities that provide legal representation pro bono or at reduced cost for low-income or disadvantaged individuals;
(3)Developing models to assist self-represented litigants and addressing barriers to access to the court system;
(4)Increasing the availability of legal aid services statewide;
(5)Expanding the availability of effective use of technology; and
(6)Providing outreach efforts and strategic planning to ensure timely and effective access to the judicial system.
Source: Supreme Court Rule 24-03, §2, eff. Feb. 20, 2024.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-1 - Law governing making of rules.

16-3-1. Law governing making of rules.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-2 - Power of Supreme Court to make rules of practice and procedure--Actions, proceedings, and appeals to which applicable.

16-3-2. Power of Supreme Court to make rules of practice and procedure--Actions, proceedings, and appeals to which applicable.
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, hearing, and deciding appeals to the courts from all decisions of public officers, boards, commissions, departments, and institutions exercising quasi-judicial functions, in any case where an appeal from any such decision is allowed by law.
Source:
RC 1919, §5133; SDC 1939 & Supp 1960, §32.0902.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-3 - Substantive rights not to be affected by rules.

16-3-3. Substantive rights not to be affected by rules.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-5 - Rules governing petitions for and notice of court rules.

16-3-5. Rules governing petitions for and notice of court rules.
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; SL 1973, ch 129, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-5.1 - Court rules--Filing of notice of rule changes proposed by Supreme Court--Publication Hearing--Combined notices--Rules governing internal operation effective on filing.

16-3-5.1. Court rules--Filing of notice of rule changes proposed by Supreme Court--Publication hearing--Combined notices--Rules governing internal operation effective on filing.
Any new rule, amendment, or repeal of existing rules or statutes relating to the administration of the courts, the number and composition of circuits and judges assigned to the circuits, to pleading, practice, or procedure, or to the admission, disbarment, discipline, and reinstatement of attorneys to practice the profession of law may be adopted by the Supreme Court.
A proposed new rule, amendment, or repeal shall be filed in the office of the clerk of the Supreme Court with deletions shown by strike-throughs and additions shown by underscore. The proposed new rule, amendment, or repeal shall include a discussion of the proposed change and:
(1)The identity of the proponent or proponents of the change;
(2)A detailed explanation of the change and the reasons for the change;
(3)An analysis of the state or federal rule or statute that the change is based upon, if any;
(4)A comparison of the change with federal rules or local federal rules on the same subject, if any, and an explanation of any differences, if any, and;
(5)An analysis of how the change affects existing rules or statutes.
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 notice at the Unified Judicial System's website at http://www.ujs.sd.gov/ or at the State Bar of South Dakota's website at http://www.sdbar.org/, or such other notice as the Court may order. Notice shall include a copy of the proposed rule and the explanation of proposal described above in (1)--(5). Any member of the State Bar of South Dakota may request notification of an intention to adopt, amend, or repeal rules through first class mail by contacting the clerk of the Supreme Court. The notice shall fix a time and place when any person interested may appear and be heard with reference to the adoption, amendment, or repeal of rules.
Notice of adoption of several rules, amendments, or repeals of rules may be given at one time and in one notice.
All other rules adopted by the Supreme Court concerning its internal operations under its constitutional or statutory rule-making power shall be filed with the clerk of the Supreme Court and unless otherwise ordered shall become effective when so filed without further notice.
Source:
Supreme Court Rule 74-2, April 4, 1974; SL 2003, ch 263, (Supreme Court Rule 03-4), eff. July 1, 2003; SL 2010, ch 252 (Supreme Court Rule 09-08), eff. Sept. 24, 2009; SL 2018, ch 288 (Supreme Court Rule 17-09), eff. July 5, 2017; SL 2018, ch 296 (Supreme Court Rule 18-05), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-6.1 - Amendment of existing rule--Publication.

16-3-6.1. Amendment of existing rule--Publication.
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), eff. Sept. 1, 2017.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-7 - Filing of rules with secretary of state--Distribution and publication.

16-3-7. Filing of rules with secretary of state--Distribution and publication.
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 all judges and to the South Dakota Code Commission and shall be printed in the session laws as provided by §2-9-11 and in the South Dakota Codified Laws as provided by §2-16-6 unless otherwise ordered by the court. Such rules may be printed in the South Dakota Reports or such other publications as the court may deem advisable.
Source:
SL 1909, ch 13; RC 1919, §5144; SDC 1939 & Supp 1960, §32.0902; SL 1973, ch 129, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-9 - Supreme Court rules governing attorneys.

16-3-9. Supreme Court rules governing attorneys.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-10 - Facsimile transmissions to Supreme Court justices.

16-3-10. Facsimile transmissions to Supreme Court justices.
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 approval for the facsimile transmission. This procedure does not apply to any data transmitted by the Supreme Court clerk's office.
Source:
SL 1992, ch 369 (Supreme Court Rule 92-4).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-11 - Grounds for declaration of judicial emergency.

16-3-11. Grounds for declaration of judicial emergency.
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 access to the courts, or to meet schedules or time deadlines imposed by court order or rule, statute, or administrative rule.
Source:
SL 2007, ch 132, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-12 - Supreme Court declaration of judicial emergency by order--Contents.

16-3-12. Supreme Court declaration of judicial emergency by order--Contents.
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; and
(4)Notwithstanding the provisions of §16-6-16, any other information relevant to the suspension or restoration of court operations.
An order issued under this section takes effect immediately upon its issuance and may have retroactive effect to the extent specifically provided.
Source:
SL 2007, ch 132, §2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-13 - Designation of another facility for court business.

16-3-13. Designation of another facility for court business.
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 court.
Source:
SL 2007, ch 132, §3.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-14 - Suspension, extension, or other relief from deadlines, time schedules, or filing requirements.

16-3-14. Suspension, extension, or other relief from deadlines, time schedules, or filing requirements.
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 any other legal proceedings as determined necessary. The days covered by a judicial emergency order are deemed a holiday for time computation under the rules of civil procedure.
Source:
SL 2007, ch 132, §4.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 03 - Supreme Court Rules › Section 16-3-15 - Notice of order declaring judicial emergency.

16-3-15. Notice of order declaring judicial emergency.
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 and the public. Notice may be provided by whatever means is reasonably calculated to reach such persons under the circumstances and may, without limitation, include mailing, publication in newspapers of local or statewide circulation, posting of written notices at courthouses or other public gathering sites, transmittal by facsimile or e-mail, or announcement on television, radio, or public address systems.
Source:
SL 2007, ch 132, §5.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 04 - Supreme Court Reports › Section 16-4-1 - Contract for publication of opinions--Payment.

16-4-1. Contract for publication of opinions--Payment.
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.
Source:
SL 1893, ch 156, §§3 to 6, 9, 10, 14; SL 1899, ch 122, §§1, 3; RPolC 1903, §§634 to 637, 640, 641, 645; SL 1905, ch 167; SL 1907, ch 235; SL 1917, ch 342; RC 1919, §§5147 to 5150, 5153 to 5155, 5159; SL 1931, ch 250, §§1 to 3; SDC 1939, §§32.0302 to 32.0308; SL 1953, ch 192; SDCL, §§16-4-3 to 16-4-13; SL 1975, ch 163, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-1.2 - Number of judicial circuits--Counties included.

16-5-1.2. Number of judicial circuits--Counties included.
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: Lincoln and Minnehaha Counties;
(3)Third Circuit: Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld, Kingsbury, Lake, Miner, Moody, and Sanborn Counties;
(4)Fourth Circuit: Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, and Ziebach Counties;
(5)Fifth Circuit: Brown, Campbell, Day, Edmunds, Faulk, Marshall, McPherson, Roberts, Spink, and Walworth Counties;
(6)Sixth Circuit: Bennett, Gregory, Haakon, Hughes, Hyde, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, and Tripp Counties; and
(7)Seventh Circuit: Custer, Fall River, Oglala Lakota, and Pennington Counties.
Source:
SDC 1939, §§32.0406 to 32.0415; SL 1939, ch 130; SL 1941, ch 150, §1; SL 1953, ch 193; SL 1953, ch 194; SL 1955, ch 123; SL 1957, ch 170; SL 1957, ch 171; SL 1959, ch 224; SL 1963, ch 219; SL 1963, ch 220; SL 1964, ch 106; SL 1964, ch 107; SL 1965, ch 156; SL 1966, ch 114, §§3 to 10; SL 1967, ch 138; SL 1967, ch 139, §§1 to 3; SDCL §§16-5-2 to 16-5-11; SL 1969, ch 144, §§1, 2; SL 1970, ch 134; SL 1970, ch 135; SL 1971, ch 152; Supreme Court Rule No. 6, 1972; Supreme Court Order, Sept. 12, 1973, Par. 1; Supreme Court Rule 76-7; Supreme Court Rule 83-5; SL 2000, ch 265 (Supreme Court Order, Aug. 10, 1999); SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-12 - First day of term falling on holiday.

16-5-12. First day of term falling on holiday.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-13 - Simultaneous terms of circuit court in different counties.

16-5-13. Simultaneous terms of circuit court in different counties.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-14 - Simultaneous sessions of circuit court in same or different counties.

16-5-14. Simultaneous sessions of circuit court in same or different counties.
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, §33.1107.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-15 - Special terms of courts of record--Order filed with clerk--Powers at special term.

16-5-15. Special terms of courts of record--Order filed with clerk--Powers at special term.
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 a special term.
Source:
Supreme Court Rule 118, 1939; SDC 1939 & Supp 1960, §33.1105.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-16 - Special emergency term of court when immediate trial demanded by extraordinary circumstances--Summons of jury.

16-5-16. Special emergency term of court when immediate trial demanded by extraordinary circumstances--Summons of jury.
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, try, and determine such action and render judgment therein without delay.
Source:
SDC 1939 & Supp 1960, §33.1106.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-17 - Special and adjourned terms of circuit court.

16-5-17. Special and adjourned terms of circuit court.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-18 - Special term of circuit court on request of county commissioners--Order filed with clerk.

16-5-18. Special term of circuit court on request of county commissioners--Order filed with clerk.
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 the same as the regular terms prescribed by this chapter; provided that the order for any such special term shall be filed in the office of the clerk of courts at least ten days before the opening of such term.
Source:
PolC 1877, ch 13, §5; SL 1879, ch 27, §9; SL 1881, ch 84, §16; SL 1885, ch 71, §1; CL 1887, §426; RPolC 1903, §661; RC 1919, §5182; SDC 1939 & Supp 1960, §32.0419.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-22 - Place of holding terms of circuit court.

16-5-22. Place of holding terms of circuit court.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-23 - Regular terms of circuit court held if cases ready for trial--Juries called.

16-5-23. Regular terms of circuit court held if cases ready for trial--Juries called.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-24 - Postponement of opening of term of circuit court--Adjournment by clerk in absence of judge.

16-5-24. Postponement of opening of term of circuit court--Adjournment by clerk in absence of judge.
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 adjourn court from day to day until the arrival of the judge or an order of postponement or adjournment is received.
Source:
PolC 1877, ch 14, §5; CL 1887, §442; RPolC 1903, §952; RC 1919, §5183; SDC 1939 & Supp 1960, §33.1103.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-25 - Adjournment of circuit court term--Resumption of business on day fixed.

16-5-25. Adjournment of circuit court term--Resumption of business on day fixed.
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 adjournment had taken place.
Source:
SL 1890, ch 76, §10; RPolC 1903, §663; RC 1919, §5183; SDC 1939 & Supp 1960, §33.1103.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-26 - Adjournment of circuit court to day certain or until notice--Jury panel retained.

16-5-26. Adjournment of circuit court to day certain or until notice--Jury panel retained.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-27 - Regular term in session until terminated or next term.

16-5-27. Regular term in session until terminated or next term.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 05 - Judicial Circuits And Terms Of Court › Section 16-5-28 - Termination of circuit court term--Dismissal of jury--Special term and new jury.

16-5-28. Termination of circuit court term--Dismissal of jury--Special term and new jury.
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 interest requires it, and may order a new jury panel drawn, for such special term.
Source:
SDC 1939 & Supp 1960, §33.1102.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-1 - Number of judges in judicial circuits.

16-6-1. Number of judges in judicial circuits.
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: Twelve circuit judges;
(3)Third Circuit: Six circuit judges;
(4)Fourth Circuit: Four circuit judges;
(5)Fifth Circuit: Four circuit judges;
(6)Sixth Circuit: Four circuit judges;
(7)Seventh Circuit: Eight circuit judges.
Source: SDC 1939 & Supp 1960, §32.0402; SL 1966, ch 114, §2; SDCL §
16-6-2
; SL 1972, ch 119; SDCL Supp, §
16-6-2
.1; Supreme Court Rule, No. 6, 1972; Supreme Court Order, Sept. 12, 1973, Par. II; Supreme Court Order, June 20, 1975; Supreme Court Rule 76-7; Supreme Court Rule 83-6; Supreme Court Rule 88-1; SL 1989, ch 454; Supreme Court Rule 97-24; SL 2000, ch 265 (Supreme Court Order, Aug. 10, 1999); ch 266 (Supreme Court Order, March 16, 2000); SL 2003, ch 271 (Supreme Court Order, April 24, 2002); SL 2007, ch 300 (Supreme Court Rule 06-68), eff. Oct. 3, 2006; SL 2010, ch 250 (Supreme Court Rule 09-06), eff. May 27, 2009; SL 2015, ch 116, §1; SL 2020, ch 244 (Supreme Court Rule
19-14
), eff. May. 1, 2019.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-3 - Time of election of judges--Terms of office.

16-6-3. Time of election of judges--Terms of office.
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 1973, ch 130, §1; Supreme Court Rule 74-1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-5.1 - Additional compensation of presiding circuit judge--Not subject to certain retirement provisions.

16-6-5.1. Additional compensation of presiding circuit judge--Not subject to certain retirement provisions.
The presiding judge of each circuit shall receive additional compensation for administrative duties in the sum of two thousand dollars for each presiding circuit court judge. 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 1974, ch 31, §2; SDCL Supp, §16-6-5; SL 1977, ch 6, §11; SL 1989, ch 178, §3; SL 2019, ch 22, §§1, 45.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-6 - Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses.

16-6-6. Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses.
Each circuit judge shall be reimbursed all necessary expenses incurred in the performance of the duties of office including traveling expense, food, and lodging while traveling outside the county designated by the presiding judge as the circuit judge's duty station, together with telephone, postage, and stationery. However, if the circuit judge does not claim travel expenses within one year of incurring such expenses, the right to claim such expenses is waived. Payment shall be made upon an itemized verified voucher filed with the state auditor.
Source:
SL 1907, ch 49; SL 1915, ch 154; RC 1919, §5169; SL 1919, ch 159, §1; SL 1925, ch 129; SDC 1939, §32.0404; SL 1947, ch 151, §1; SDC Supp 1960, §32.0404-1 (2); SL 1987, ch 156; SL 1994, ch 406.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-7 - Courtroom facilities for circuit judges provided by counties.

16-6-7. Courtroom facilities for circuit judges provided by counties.
The board of county commissioners in every county in this state may provide the circuit judge of the judicial circuit of which such county forms a part with suitable and sufficient courtroom facilities and equip the same to conduct the business of the court at a place other than the county seat of such county.
Source: SL 1923, ch 143; SDC 1939, §32.0405; SL 1957, ch 169; SL 1963, ch 218; SL 1975, ch 162, §16; SL 2022, ch 53, §1.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-8 - Chancery and common-law jurisdiction of circuit court.

16-6-8. Chancery and common-law jurisdiction of circuit court.
The circuit court possesses chancery as well as common-law jurisdiction.
Source:
CCivP 1877, §27; CL 1887, §4824; RCCivP 1903, §29; RC 1919, §2113; SDC 1939 & Supp 1960, §32.0903.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-9 - Original civil jurisdiction of circuit court.

16-6-9. Original civil jurisdiction of circuit court.
The circuit court has original jurisdiction as follows:
(1)In all actions or proceedings in chancery;
(2)In all actions at law and in equity;
(3)In all cases where the title or boundary to real property comes in question;
(4)In all actions for divorce or annulment of marriage;
(5)In all matters of probate, guardianship, conservatorship, and settlement of estates of deceased persons;
(6)Proceedings relating to minors under chapters 26-7A, 26-8A, 26-8B, and 26-8C;
(7)In all other cases now or hereafter provided by law granting jurisdiction to the circuit court, and as heretofore granted to district county, municipal, justice of the peace, and police magistrate courts.
Source:
CCivP 1877, §28; CL 1887, §4825; RCCivP 1903, §30; RC 1919, §2114; SDC 1939 & Supp 1960, §32.0904; SL 1973, ch 130, §2; SL 1993, ch 213, §94.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-9.2 - Facsimile transmissions--Applicable statutory requirements.

16-6-9.2. Facsimile transmissions--Applicable statutory requirements.
The circuit court may use facsimile transmission to accelerate the issuance, execution, and delivery of all papers, orders and warrants, including, but not limited to, the following:
(1)Criminal matters: arrest and search warrants;
(2)Juvenile matters: orders or warrants for taking a juvenile into custody and for the release or detention of the juvenile;
(3)Family matters: ex parte temporary orders for protection; and
(4)Civil cases: temporary restraining orders.
Unless modified herein, existing statutory requirements shall apply. Signatures, certifications, authentications, and other forms of verification on facsimiles shall have the same force and effect as their original counterparts.
Source:
SL 1991, ch 450 (Supreme Court Rule 91-16).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 06 - Circuit Courts › Section 16-6-10 - Appellate jurisdiction of circuit court.

16-6-10. Appellate jurisdiction of circuit court.
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; SDC 1939 & Supp 1960, §32.0905; SL 1973, ch 130, §3.