What Is a Small Claims Court in South Dakota?
A small claims court in South Dakota is a branch of the magistrate court that accepts lawsuits where the injury or damage does not exceed $12,000. The court has jurisdiction over civil cases involving personal injury or property damage that occured due to the actions of an individual or business. Also, a parent or guardian can recover unreimbursed medical or health care costs spent on a minor from another parent or liable individual. The South Dakota small claims court does not hear libel, slander, and eviction cases.
Any lawsuit above $12,000 cannot be brought to the South Dakota small claims court. It must be filed at the circuit court instead.
How Does the South Dakota Small Claims Court Work?
The South Dakota small claims division of the magistrate court is an informal court that allows individuals to file a civil lawsuit worth $12,000 or less in damages. The court's procedure is simplified to cater to every individual who wants to recover low-dollar sums, so much so that they can initiate and resolve a case without legal representation.
The Small Claims Procedure guides proceedings in the court. A person, corporation, or partnership is eligible to file a small claims case in South Dakota - lawsuits can also be brought against them. Although parties involved in such cases represent themselves, the court permits attorneys that are members of the state bar.
By law, the venue of filing for a small claims action must be in the courthouse located in the defendant's county of residence or where the dispute occurred. Once a claim is filed and other essential court procedures complete, the court will announce a trial date. Both parties must attend.
A magistrate judge will hear the case and pronounce the judgment. In the small claims court, there is no provision for a jury trial. However, the judge may transfer the case to the circuit court if the defendant requests a jury trial. Defendants must request this at least five days before the hearing date.
Once a judge delivers a final decision in the small claims court, neither party can appeal it.
How to Take Someone to Small Claims Court in South Dakota
Interested persons can take someone to the South Dakota small claims court by visiting the magistrate court located in the county that an individual resides. If the claim is against a business entity, it should be in the county where the business has an office.
Claimants should visit the clerk's office in the court and obtain a Statement of Claim form. They must complete the form with the requested information, e.g., the name and address of the party they wish to sue. They must also produce a signed statement that describes the loss or damage and cost estimate.
The court charges a filing fee that varies, depending on the monetary value of the claim. Filing parties will pay a $20 fee for claims that do not exceed $100. Meanwhile, a maximum fee of $38 applies for claims between $4,000 to $12,000. Additionally, extra defendants cost $8 per head.
When the clerk accepts the claim, it is entered on the court docket. The clerk will also assign a date for the hearing and send a notice to the defendant via certified mail. Alternatively, the sheriff may serve the notice of lawsuit personally for a fee.
How Much Can You Sue for in South Dakota Small Claims Court?
Plaintiffs cannot sue beyond the statutory limit of $12,000 in the South Dakota small claims court. If the plaintiff estimates that the cost of their damage or injury exceeds the stipulated amount, they can file their claim with the circuit court.
Likewise, defendants that wish to file a counterclaim cannot ask for damages beyond the court's limit. However, they can ask the court to transfer the case.
Individuals can calculate their claims using the Unified Justice System's Small Claims Calculator.
How to Defend Yourself in South Dakota Small Claims Court
Upon receiving notice of a small claims lawsuit, a defendant can try to settle the case out of court to avoid a trial or an unfavorable judgment. The party can contact the plaintiff and try to reach an agreement before the trial date. If both parties cannot settle, they have to attend the trial.
At the trial, each party can tell their story and present evidence relevant to the case. It is important to bring any evidence that will help one's argument. Evidence includes receipts, invoices, pictures, and other related documents. Each party can also present the testimony of witnesses and ask questions.
Generally, it is advisable to abide by the court rules during the trial.
How Long Do You Have to Take Someone to Small Claims Court in South Dakota?
In South Dakota, claimants must file a lawsuit in the small claims court within a specified time. Generally, this is referred to as the "statute of limitations." The time allowed for the lawsuit depends on the type of case.
For small claims cases involving personal injury, a claimant can sue someone within three years from when the injury occurred. Property damage lawsuits must occur within six years from the event.
However, if an individual fails to bring the case within the stipulated time, they lose the right to take the other party to the small claims court.
What Happens If You Don't Show Up for Small Claims Court in South Dakota?
The South Dakota small claims court expects both the plaintiff and the defendant to attend the case proceedings. Any party that fails to attend the trial will risk judgment being entered in favor of the opposing party.
A defendant's absence can result in a default judgment where the court will grant the plaintiff's claim, making the defendant liable for payment. At the same time, the court can dismiss the claim if the plaintiff does not attend the proceedings.
What are Small Claims Court Records in South Dakota?
Small claims court records in South Dakota include documents and information generated during case proceedings. The clerk is responsible for keeping such information and making it available to the general public.
South Dakota small claims court records provide information on the plaintiff and defendant, their attorneys, the hearing date, judgment, amount of the claim, witness testimonies, and other related case details.
Where Can I Find South Dakota Small Claims Court Records?
Interested parties can find South Dakota small claims records at the courthouse where the case was filed. Typically, South Dakota court records can be accessed in person by visiting the clerk's office and making a request. Requesters can contact the clerk to inquire about the requirements they will need to obtain such records. Usually, they will need to pay a search or copy fee and provide some information on the case.
Alternatively, they can perform a UJS Public Record Search. There is a $20 fee per search request. Individuals can also perform a civil record search by submitting an email request to ujsparssupport@ujs.state.sd.us.
