South Dakota Code — 16
Browse 524 sections in division 16 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 16-1-1. Supreme Court districts.
- § 16-1-2. Number of justices--Term of office--Retention elections.
- § 16-1-2.1. Election of Chief Justice--Term of office--Removal.
- § 16-1-2.2. Form of retention ballot.
- § 16-1-3.1. Additional compensation of Chief Justice--Exclusion from retirement provisions.
- § 16-1-4.1. Mandatory retirement of justices at age seventy--Conclusion of pending matters.
- § 16-1-5. Retired justices and retired or active judges acting in place of disqualified justices.
- § 16-1-9. Term of Supreme Court--Places.
- § 16-1-14. Supreme Court library--Publications included--Control by justices.
- § 16-1A-1. Definition of terms.
- § 16-1A-2. Commission membership--Terms of office.
- § 16-1A-3. Termination of commission membership on departure from qualifying position--Removal of members--Vacancies.
- § 16-1A-4. Budget for commission--Rules--Confidentiality of proceedings--Administrative support.
- § 16-1A-5. Chairman of commission--Majority required for action.
- § 16-1A-6. Travel expenses and per diem of commission members.
- § 16-1A-7. Employment of personnel by commission--Powers in investigation.
- § 16-1A-8. Employment of personnel by commission--Compensation of witnesses--Counsel.
- § 16-1A-9. Recommendations by commission.
- § 16-1A-10. Status of judge pending criminal, removal or retirement proceedings.
- § 16-1A-11. Participating judge disqualified from sitting in appeal.
- § 16-1A-12. Suspension of judge on conviction of crime--Reversal of conviction--Removal when conviction final.
- § 16-1A-13. Benefits retained by retired judge--Loss of benefits by removed judge.
- § 16-1A-15. Judicial Qualifications Commission to investigate matters referred by Division of Criminal Investigation.
- § 16-2-20. General supervision of circuit courts by Chief Justice--Purposes.
- § 16-2-20.1. Quarterly reports of undecided circuit court cases--Submission and transmittal--Discipline for noncompliance.
- § 16-2-21. Presiding judges--Appointment--Administrative powers and duties--Court held in each county.
- § 16-2-23.1. Fees retained by court reporter.
- § 16-2-25. Counties to provide facilities for clerk.
- § 16-2-25.1. Supplies of judge or magistrate provided to unified system.
- § 16-2-26. Municipalities and townships to provide facilities for magistrates' clerks.
- § 16-2-27. Continuing duties of clerks of court.
- § 16-2-27.1. Passport application duties of clerks--Fees.
- § 16-2-28. Accounting system for funds.
- § 16-2-29. Fees charged by clerk of courts--Exemptions.
- § 16-2-29.1. Fees of Supreme Court clerk--No fee in certain cases.
- § 16-2-29.2. Waiver of filing fees and service costs--Motion to court.
- § 16-2-29.3. Waiver of filing fees--Affidavit of inability to pay.
- § 16-2-29.4. Waiver of filing fees--Dismissal of action if allegation of poverty untrue or action frivolous or malicious.
- § 16-2-29.5. Records search fee.
- § 16-2-29.6. Electronic searches of money judgments.
- § 16-2-30. Clerk to forward fees and costs monthly to county treasurer.
- § 16-2-34. Distribution of fines and penalties collected for violation of local ordinances.
- § 16-2-38. Unified Judicial System court automation fund created.
- § 16-2-39. Court automation surcharge--Amount in civil action--Collection.
- § 16-2-39.1. Court automation surcharge for small claims actions after June 30, 2015.
- § 16-2-40. Surcharge taxable as costs.
- § 16-2-41. Court automation surcharge for certain criminal actions.
- § 16-2-41.1. Court automation surcharge for actions filed in Supreme Court.
- § 16-2-42. Waiver of surcharge--Conditions.
- § 16-2-43. Collection and transmittal to state treasurer--Deposit in funds.
- § 16-2-44. Use of court automation fund money.
- § 16-2-45. Fee for filing divorce action--Distribution of fee.
- § 16-2-46. Uniform forms for protection orders.
- § 16-2-47. Refusal to file or docket document.
- § 16-2-47.1. Written notice by clerk of counterfeit documents.
- § 16-2-48. Court action for refusal to file or docket document.
- § 16-2-49. Liability for refusal to file or docket document.
- § 16-2-50. Definitions.
- § 16-2-51. Court appointed special advocates grant program established.
- § 16-2-52. Court appointed special advocates fund established--Use of fund.
- § 16-2-53. Court Appointed Special Advocates Commission established--Membership--Terms--Reimbursement.
- § 16-2-54. Award of grants--Procedures for obtaining grant.
- § 16-2-55. Commission on Equal Access to Our Courts created.
- § 16-2-56. Grants to entities that deliver services to persons meeting income guidelines.
- § 16-2-56.1. Considerations for awarding grants from equal access to our courts fund.
- § 16-2-57. Settlement of class action lawsuit.
- § 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.
- § 16-2-58.1. 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.
- § 16-2-58.2. Commission on equal access to our courts surcharge--Other proceedings--Collection--Exclusions--Waiver.
- § 16-2-59. Collection of surcharge--Equal access to our courts fund.
- § 16-2-60. Residential alternative care program grant--Maximum amount.
- § 16-2-61. Alternative care program grants.
- § 16-2-62. Report of grant recipient.
- § 16-2-63. Electronic access to case documents pilot program .
- § 16-2-64. Document charges for electronic access to documents pilot program.
- § 16-2-65. Commission on Access to the Courts--Creation--Members--Terms--Appointment--Compensation--Staff.
- § 16-2-66. Commission on Access to the Courts--Purpose--Action.
- § 16-3-1. Law governing making of rules.
- § 16-3-2. Power of Supreme Court to make rules of practice and procedure--Actions, proceedings, and appeals to which applicable.
- § 16-3-3. Substantive rights not to be affected by rules.
- § 16-3-5. Rules governing petitions for and notice of court rules.
- § 16-3-5.1. Repealed.
- § 16-3-5.2. Notice request for Supreme Court rule proposal--Court discretion to decline to consider proposal.
- § 16-3-5.3. Rule proposal requirements.
- § 16-3-5.4. Review of rule proposal for form, style, and clarity.
- § 16-3-5.5. Proponent response to suggestions--Proponent fails to timely respond to suggestions--No suggestions.
- § 16-3-5.6. Notice and hearing of final rule proposals.
- § 16-3-5.7. Court to receive copies of initial proposal, chief's suggestions, and final proposals prior to hearing.
- § 16-3-5.8. Rules governing internal operation effective on filing.
- § 16-3-5.9. Court may issue notice of hearing on proposed rules changes without issuing notice requesting rules proposal.
- § 16-3-6.1. Amendment of existing rule--Publication.
- § 16-3-7. Filing of rules with secretary of state--Distribution and publication.
- § 16-3-9. Supreme Court rules governing attorneys.
- § 16-3-10. Facsimile transmissions to Supreme Court justices.
- § 16-3-11. Grounds for declaration of judicial emergency.
- § 16-3-12. Supreme Court declaration of judicial emergency by order--Contents.
- § 16-3-13. Designation of another facility for court business.
- § 16-3-14. Suspension, extension, or other relief from deadlines, time schedules, or filing requirements.
- § 16-3-15. Notice of order declaring judicial emergency.
- § 16-4-1. Contract for publication of opinions--Payment.
- § 16-5-1.2. Number of judicial circuits--Counties included.
- § 16-5-12. First day of term falling on holiday.
- § 16-5-13. Simultaneous terms of circuit court in different counties.
- § 16-5-14. Simultaneous sessions of circuit court in same or different counties.
- § 16-5-15. Special terms of courts of record--Order filed with clerk--Powers at special term.
- § 16-5-16. Special emergency term of court when immediate trial demanded by extraordinary circumstances--Summons of jury.
- § 16-5-17. Special and adjourned terms of circuit court.
- § 16-5-18. Special term of circuit court on request of county commissioners--Order filed with clerk.
- § 16-5-22. Place of holding terms of circuit court.
- § 16-5-23. Regular terms of circuit court held if cases ready for trial--Juries called.
- § 16-5-24. Postponement of opening of term of circuit court--Adjournment by clerk in absence of judge.
- § 16-5-25. Adjournment of circuit court term--Resumption of business on day fixed.
- § 16-5-26. Adjournment of circuit court to day certain or until notice--Jury panel retained.
- § 16-5-27. Regular term in session until terminated or next term.
- § 16-5-28. Termination of circuit court term--Dismissal of jury--Special term and new jury.
- § 16-6-1. Number of judges in judicial circuits.
- § 16-6-3. Time of election of judges--Terms of office.
- § 16-6-5.1. Additional compensation of presiding circuit judge--Not subject to certain retirement provisions.
- § 16-6-6. Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses.
- § 16-6-7. Courtroom facilities for circuit judges provided by counties.
- § 16-6-8. Chancery and common-law jurisdiction of circuit court.
- § 16-6-9. Original civil jurisdiction of circuit court.
- § 16-6-9.2. Facsimile transmissions--Applicable statutory requirements.
- § 16-6-10. Appellate jurisdiction of circuit court.
- § 16-6-12. Original criminal jurisdiction of circuit court.
- § 16-6-14. Circuit court jurisdiction as to persons detained.
- § 16-6-15. Circuit court writs in exercise of powers.
- § 16-6-16. Court always open for business--Place of hearings and determinations.
- § 16-6-17. Issues of fact tried in proper county--Order at chambers any place within state.
- § 16-6-29. Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office.
- § 16-6-31. Mandatory retirement of judges at age seventy--Conclusion of pending matters.
- § 16-6-32. Service by retired justices and judges--Effect of acts.
- § 16-12A-1.1. "Magistrate" defined--License to practice law required.
- § 16-12A-2.2. Magistrate court established within each circuit.
- § 16-12A-2.3. Court with magistrate judge as court of record.
- § 16-12A-3.3. Number of magistrates appointed.
- § 16-12A-4.2. Appointment and tenure of magistrates--Terms of office.
- § 16-12A-10.2. Compensation of magistrates--Budgeting and appropriations.
- § 16-12A-27.1. Right of appeal to circuit court.
- § 16-12A-29.1. Counties to provide facilities for court.
- § 16-12A-30.1. Municipality to provide facilities for court.
- § 16-12A-31. Filing fees.
- § 16-12B-1. Temporary transfer of magistrate judge--Powers and duties.
- § 16-12B-1.1. Number of magistrate judges.
- § 16-12B-1.2. Certification and information on nominees for magistrate judge--Approval by Supreme Court.
- § 16-12B-1.3. Term of magistrate judges--Removal.
- § 16-12B-2. Service as magistrate by retired justice or judge--Effect of acts--Expenses.
- § 16-12B-3. Authority to solemnize marriages--Fees.
- § 16-12B-4. Authority to administer oaths, etc..
- § 16-12B-5. Jurisdiction to issue summonses, warrants.
- § 16-12B-6. Right to counsel in magistrate court.
- § 16-12B-7. Jurisdiction--Bonds and personal recognizance.
- § 16-12B-8. Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.
- § 16-12B-9. Jurisdiction--Forfeiture of appearance bonds.
- § 16-12B-10. Jurisdiction--Committal.
- § 16-12B-11. Jurisdiction--Trial of minor criminal cases.
- § 16-12B-12. Jurisdiction--Small claim proceedings.
- § 16-12B-13. Jurisdiction--Limitations.
- § 16-12B-14. Jurisdiction--Mental illness cases.
- § 16-12B-14.1. Jurisdiction--Adult probationary drug court program.
- § 16-12B-15. Record of proceedings--Appeal.
- § 16-12B-16. Right of appeal to circuit court.
- § 16-12B-17. Practice of law by magistrates.
- § 16-12B-18. Court practice prohibited to full-time magistrates.
- § 16-12C-1. Appointment of clerk, deputy clerk as clerk magistrate--Valid in any circuit.
- § 16-12C-2. Educational qualifications of clerk magistrate.
- § 16-12C-2.1. Certification of clerk magistrate-Notice of termination.
- § 16-12C-3. Attendance at institute prerequisite to taking office--Exception.
- § 16-12C-4. Establishment and schedule of clerk magistrate's institutes--Court may require attendance.
- § 16-12C-5. Authority to solemnize marriages--Fees.
- § 16-12C-6. Authority to administer oaths, etc..
- § 16-12C-7. Jurisdiction to issue summonses, warrants.
- § 16-12C-8. Right to counsel in magistrate court.
- § 16-12C-9. Jurisdiction--Committal--Conditions.
- § 16-12C-10. Jurisdiction--Bonds and personal recognizance.
- § 16-12C-11. Jurisdiction--Petty offenses--Acceptance of pleas--Sentencing--Overweight vehicle penalties.
- § 16-12C-12. Jurisdiction--Forfeiture of appearance bonds.
- § 16-12C-13. Jurisdiction--Noncontested proceedings with limited damage amount.
- § 16-12C-14. Record of proceedings--Appeal.
- § 16-12C-15. Right of appeal to circuit court.
- § 16-13-1. Master jury list for each county--Courts by which used--Summons to supply deficiency--Annual compilation of list.
- § 16-13-2. Minimum number of names placed on master jury list.
- § 16-13-4.1. Jury selection list to consist of voter registration list supplemented by driver license and identification card lists.
- § 16-13-9.1. Master jury list defined.
- § 16-13-9.2. Random selection of names placed on master jury list--Number of names--Electronic process authorized.
- § 16-13-10. Qualifications of jurors.
- § 16-13-10.1. Policy of state regarding jury selection and service.
- § 16-13-10.2. Discrimination prohibited.
- § 16-13-10.3. Certain elderly persons may be excused upon request.
- § 16-13-10.4. Breastfeeding mothers and new parents exempt from jury duty.
- § 16-13-13. Signing and filing of master juror list--Preparation of separate tickets by clerk of court--Electronic process authorized.
- § 16-13-15. Review of qualifications of jurors on master jury list--Removal of disqualified persons from list--Record of reasons for disqualification.
- § 16-13-18.1. Random selection process defined.
- § 16-13-18.2. Enforcement of chapter by Supreme Court.
- § 16-13-18.3. Responsibility of circuit presiding judge--Variation of process to meet local conditions--Approval and filing of variations.
- § 16-13-18.4. Creation of jury district for county with population of less than five thousand.
- § 16-13-19. Additional selections if master list inadequate.
- § 16-13-20. Summons of grand jury.
- § 16-13-21. Circuit court order required for summons of grand jury.
- § 16-13-22. Circuit court order for selection of petit jury--Specifications of order.
- § 16-13-23. Time for selection of jury panels.
- § 16-13-27. Electronic selection system used to fill jury panels.
- § 16-13-28. Disregard and replacement of jurors who have served.
- § 16-13-29. First names drawn as grand jury.
- § 16-13-31. Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance.
- § 16-13-31.1. Preservation of jury selection records--Public inspection.
- § 16-13-32. Neglect of officer's duty or malfeasance as contempt of court.
- § 16-13-33. Improper listing of names drawn as misdemeanor.
- § 16-13-34. Notice to jurors drawn for circuit court panel--Return of acceptance of service.
- § 16-13-35. Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation.
- § 16-13-37. Judges to prescribe manner in which jury panels utilized and how summoned.
- § 16-13-37.1. Magistrate court utilization of jury panels.
- § 16-13-39. Magistrate court powers and procedure in summoning jury and witnesses.
- § 16-13-41. Duty of jurors to appear when summoned.
- § 16-13-41.1. Discharge or suspension from employment for jury service as misdemeanor.
- § 16-13-41.2. Retention of employment status during jury status--Pay.
- § 16-13-42. Summons of additional jurors to supply deficiencies in panel--Procedure where jury list exhausted.
- § 16-13-43. Summons of additional jurors when panel exhausted by challenges.
- § 16-13-44. Application for jury duty prohibited--Report to circuit court--Violation as misdemeanor.
- § 16-13-45. Failure to appear for jury duty or return jury questionnaire as contempt of court--Penalty.
- § 16-13-46. Jurors' per diem and mileage--Appearance fee--Certification and payment.
- § 16-13-47. Jurors' expenses and fees in cases on violation of municipal laws.
- § 16-13-47.1. Weekly payment of jurors.
- § 16-13-49. Permitting improper communication with jury as misdemeanor.
- § 16-14-1. Conference established--Composition.
- § 16-14-2. Study of state judicial system by conference.
- § 16-14-3. Study of rules of practice by conference--Recommendations for changes.
- § 16-14-4. Annual and special meetings of conference--Training on evidence-based practices.
- § 16-14-5. Agenda for conference meetings--Reports by judges.
- § 16-14-7. Sexual harassment prevention training for judges.
- § 16-15-1. Action or arrest in improper name as misdemeanor.
- § 16-15-2. Disorderly behavior in presence of court as misdemeanor.
- § 16-15-3. Disorderly behavior in presence of referee as misdemeanor.
- § 16-15-4. Disturbance of court proceedings as misdemeanor.
- § 16-15-5. Refusal to testify as misdemeanor.
- § 16-15-6. Disobedience of judicial process as misdemeanor.
- § 16-15-7. Resistance to judicial process as misdemeanor.
- § 16-15-8. False report of judicial proceedings as misdemeanor--Fair report not punishable.
- § 16-15-15. Acceptance of gift from party to action as misdemeanor--Inheritance excepted.
- § 16-16-1. License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor.
- § 16-16-1.1. Essential eligibility requirements for admission.
- § 16-16-2. Qualifications of applicants to practice law.
- § 16-16-2.1. Standard of good moral character.
- § 16-16-2.2. Good moral character--Quantum and burden of proof.
- § 16-16-2.3. Good moral character--Relevant conduct.
- § 16-16-2.4. Use of information.
- § 16-16-2.5. Adverse recommendation.
- § 16-16-2.6. Criminal background investigation required--Procedure--Results furnished to board.
- § 16-16-3. Composition and appointment of board of bar examiners--Terms of office.
- § 16-16-4. Compensation and expenses of bar examiners and secretary.
- § 16-16-5. Duty of bar examiners--Rules and regulations.
- § 16-16-6. Examination required of applicants to practice law--Educational requirements.
- § 16-16-7.1. Practice of nonresident attorneys employed by legal aid bureaus or public defender agencies--Application.
- § 16-16-7.2. Certificates and affidavits filed with application.
- § 16-16-7.3. Order of admission--Duration.
- § 16-16-7.4. Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.
- § 16-16-7.5. Extent of practice--Compensation.
- § 16-16-7.6. Admission of full-time faculty member of the University of South Dakota law school.
- § 16-16-7.7. Order of admission and duration.
- § 16-16-7.8. Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.
- § 16-16-8. Application for admission on examination.
- § 16-16-9. Time and place of examination.
- § 16-16-10. Subjects covered by examination--Public notice.
- § 16-16-11. Re-examination after three failures prohibited.
- § 16-16-12.1. Admission without examination--Eligibility by practice.
- § 16-16-12.2. Admission without examination--Application requirements.
- § 16-16-12.3. Attorney licensing when spouse is a member of the armed forces.
- § 16-16-12.4. Contents of application for licensing when spouse is a member of the armed forces.
- § 16-16-13. Fees payable with application for admission--Disposition of fees.
- § 16-16-14. Discrimination on account of sex prohibited.
- § 16-16-15. Board of Bar Examiners--Applications for admission--Investigations--Hearings--Confidentiality--Disciplinary Board.
- § 16-16-16. Review by Supreme Court of bar examiners' decision as to qualifications of applicant.
- § 16-16-16.1. Review by Supreme Court of Bar Examiners' decision on ADA request.
- § 16-16-17. Recommendation to Supreme Court for admission to practice--Order and certificate of admission--State Bar membership fee.
- § 16-16-17.1. Conditional admission.
- § 16-16-17.2. Limited purpose of conditional admission.
- § 16-16-17.3. Limited circumstances under which conditional admission may be considered.
- § 16-16-17.4. Report of recommendation to Supreme Court.
- § 16-16-17.5. Review of conditional admission.
- § 16-16-18. Oath of attorney--Form and administration.
- § 16-16-19. Rights and privileges conferred by license to practice law.
- § 16-16-20. Roll of attorneys maintained by clerk of Supreme Court.
- § 16-16-21. Reinstatement of inactive attorneys--Persons eligible.
- § 16-16-22. Application for reinstatement--Fees and charges--Determination of eligibility.
- § 16-16-23. Examination required of applicant for reinstatement--Examination dispensed with if applicant manifestly qualified.
- § 16-16-24. Notice to State Bar of reinstatement of attorney--Payment of membership fees.
- § 16-16A-A. Regulations of the Board of Bar Examiners--Public Service Pathway Program.
- § 16-16A-1. Definitions.
- § 16-16A-2. Eligibility--Deadline--Form--Notice--Selection--Participant maximum.
- § 16-16A-3. Participant work experience--Supervision--Law school training.
- § 16-16A-4. Participant admission to practice--Eligibility.
- § 16-16A-5. Participant admission to practice--Application.
- § 16-16A-6. Completion of program, investigation--Board recommendation--Court order.
- § 16-16A-7. Public service practice requirement--Period--Effect of clerkship.
- § 16-16A-8. Public service practice requirement--Waiver or extension--Board investigation and hearing--Recommendation to Court.
- § 16-16A-9. Public service practice requirement--Report--Affidavit upon completion.
- § 16-16A-10. Oversight committee--Membership.
- § 16-16A-11. Participant compliance--Disciplinary Board referral--Information disclosure required.
- § 16-16A-12. Chapter effective for five years--Oversight committee recommendation.
- § 16-16A-13. Policies and regulations authorized.