South Dakota Courts
South Dakota Courts are institutions charged with the duty of administering justice in the state. To achieve this, the court hears disputes between two or more parties. South Dakota operates two levels of courts, which include:
- Supreme Court
- Circuit Court (with Magistrate Court)
The South Dakota Supreme Court has exclusive jurisdiction over certain types of issues, and it may review appeals from the Circuit Court. The court shall decide whether to review an appeal or not upon weighing the merit of the appeal. As soon as the Supreme Court accepts a case, attorneys are required to submit a written copy of the Circuit Court proceedings to the Clerk of the Supreme Court. Next, the court decides whether to allow oral argument or not. If yes, the court will pick a date when the oral argument would be presented before the Judges.
Justices of the Supreme Court look at the arguments of both parties before making a unanimous decision. South Dakota Supreme Court Judgements are usually issued as opinions. The Supreme Court is composed of one Chief Justice and four Chief Justices appointed by the State Governor. Supreme Court Justices are selected from each of the five geographical appointment districts. The five Justices may decide who will become the Supreme Court Chief Justice.
South Dakota Circuit Courts serve as the trial courts of the state. The Circuit Court is assisted by the Magistrate Court, especially when the case in question is a misdemeanor criminal case or a small civil action. Circuit Courts hear civil cases, and there is a statewide procedure for such cases. A civil case starts when a petitioner files a written statement known as complaints. The Clerk of the Circuit Court will notify the defendant about the complaint. After that, the court schedules a pretrial conference where the issues are discussed, and a trial date is fixed.
Parties in a dispute may decide to settle outside the court, but where this is not possible, a trial is unavoidable. Circuit Court trials usually involve the presentation of arguments, evidence, and witnesses before the Judge. In South Dakota Magistrate Courts, the Judge mostly asks questions while each of the parties provides answers. Magistrate Court hearings are less formal, and the hearing may be conducted in front of a judge or a clerk. There are 43 Circuit Court Judges and 15 Magistrate Court Judges in South Dakota.
All South Dakota state courts and federal courts have an administrative office that maintains and disseminates South Dakota court records as part of its clerical functions.
What are Appeals and Court Limits?
Technically, an appeal refers to a plea to a higher court to review a trial court's judgment. In South Dakota, appeals are made to the Supreme Court, which serves as the court of last resort in the state. The decision of the court is final and binding on every party in the case. Before an appeal is scheduled, the Supreme Court ensures there is a substantial reason to review the case. An appeal is usually granted where the judgment may have been made based on a prejudicial error.
In South Dakota, appeals differ based on the trial court where the case was heard. Only the defendant can appeal a judgment in a small claims case, but either party may appeal a judgment in a civil case. An individual may also have a lawyer represent and file papers on their behalf in civil court. In contrast, in small claim appeals, the defendant may represent and submit the appeal papers themselves. The South Dakota Supreme Court may sustain a lower court's original decision, overturn it, or return it to the originating court.
Individuals are expected to accept the decision of the Supreme Court in good faith. In some cases, either of the parties may appeal to the Federal Supreme Court. However, most appeals to the court are usually rejected for lacking merit. Under 15-26A-6, the notice of appeal must be filed with the Clerk of the trial court no later than 30 days after a judgment order has been signed, and a written notice of entry is given to the adverse party. Appeals are usually denied when this stipulated time has elapsed.
How Do I Find My Case Number in South Dakota?
A case number is a unique number assigned to a case to differentiate it from others. The case is assigned after a case is filed with the Clerk of the Court. It provides information about the time of filling, the court where the filling took place, and the official in charge of the case. To find a case number, interested persons may submit a request to the Clerk of the Court in person or do so through the Court Administrator's Office.
In-person requests require that the requestors visit the court building, particularly the Clerk's Office, where the case was docketed. The Court Clerk is charged with the duty of ensuring that requestors get the information they seek. However, they may be requested to pay a fee for this service. South Dakota Court Clerks determine the amount requestors pay based on the labor, time, or machine required to meet the request. In most counties of the state, individuals are allowed to request case numbers by sending mail requests to the Clerk of the Court. This will require the individual to provide ample information about themselves, including a means of identification.
Individuals may also request a case number from a remote location by using the court records search tools to find case numbers. This may attract a fee depending on the website the individual opts for.
Does South Dakota Hold Remote Trials?
South Dakota courts are still very much in operation compared to other states in the country. However, during court hearings, the number of persons allowed into the court is significantly reduced, and measures have been taken to prevent the spread of the coronavirus. Although there is no law stating that South Dakota can hold remote trials, the state has encouraged attorneys to reschedule court dates and adopt video appearances more than before.
The Supreme Court declared a judicial emergency on March 13, 2020, granting Judges of each of the seven judicial circuits the authority to respond to COVID-19 in their jurisdiction. Since the emergence of the virus, the state's video appearance capabilities have tripled. Judges may hear cases remotely, and attorneys may perform their duties from a location outside the courtroom. The Supreme Court also suspended the state's 180 days rule, which requires a defendant to appear in court within 180 days of the first appearance before a judicial official.
What is the South Dakota Supreme Court?
The South Dakota Supreme Court is the highest in the state of South Dakota since 1889. The Supreme Court is also the final appellate court where decisions of Circuit Courts are reviewed. The court is charged with the duty of maintaining a stable system of justice within the State of South Dakota. Also, the court issues original or remedial writ and advises the Governor of the state regarding the scope of executive power. The Supreme Court also regulates the activities of the South Dakota Unified Court System.
The Supreme Court is composed of a Chief Justice and four Justices appointed by the Governor. These justices decide cases brought before the court, and the Supreme Court's judgment is referred to as opinions. For a copy of the Supreme Court's opinion, requestors may notify the Supreme Court's Clerk in writing. The request shall be sent to the Clerk via mail.
South Dakota Circuit Courts
South Dakota Circuit Courts are the state's trial courts. These courts have jurisdiction over the bulk of criminal proceedings and civil litigation in the state. South Dakota Civil Courts comprise seven Judicial Districts, 43 Circuit Judges, 15 Magistrate Judges, and one per-time Magistrate Court. Circuit Courts have exclusive jurisdiction in felony trials, arraignment, and all types of civil actions except where there is a concurrent jurisdiction with the magistrate court. South Dakota Circuit Courts also have appellate jurisdiction over the decisions of the Magistrate Courts.
South Dakota Magistrate Courts
South Dakota Magistrate Courts assist the Circuit Courts in hearing misdemeanor criminal cases and small civil actions. Magistrate Courts hear trials of civil actions where the damage or claim does not exceed $12,000. Magistrate Courts have a limited jurisdiction but bring the judicial system closer to the average citizen. The jurisdiction of the Magistrate Court is determined by who presides over the case. A Magistrate Judge or Clerk of the Magistrate, who has received special training may preside over the case.
