- Arrest Records
- Judgments
- Bankruptcies
- DUIs & DWIs
- Felonies
- Warrants
- Jail Records
- Lien Records
- Sex Offenses
- Misdemeanors
- Criminal Records
- Federal Dockets
What are South Dakota Court Records?
Located in the heartland of the U.S., South Dakota ranks No. 46 among other US states in terms of population, with over 909,000 inhabitants. The state's court structure comprises two levels of courts, namely the trial courts and the appellate court. These courts serve South Dakotans with openness, deliver justice efficiently, and make court records available to members of the public.
South Dakota court records are documents or files that contain details of court proceedings within the state. They may include records from the over 180,000 annually filed civil, criminal, and family cases and are typically maintained by the clerk of courts. A typical court record in South Dakota will include the following:
Case File
This is the entire collection of various documents and information submitted to the court throughout the life of a case. Such documents usually go into the records of such a case.
Transcript
This is a documented record of everything said in a court hearing or trial, typically written word-for-word (verbatim).
Complaint
This is a statement written by a plaintiff to begin a civil lawsuit. It typically details the defendant's alleged wrongdoings or states the plaintiff's claims against them.
Indictment
This is a formal accusation issued by a grand jury to charge a person with a crime, typically in felony cases, upon request by a prosecutor
Judgment
A judgment in a court record is a court's decision or decree that settles a case.
Order
This may be a judicial officer's decision or a court's directive or command
Docket
This is a summarized list of all vital court events in connection with a case, usually in the form of brief entries of court proceedings.
Brief
This is a written statement or argument by the attorney for each party in a case supporting their client's side of the case and stating why the case should be ruled in their client's favor.
Evidence
This refers to any proof presented at trial through exhibits, records, documents, and/or witnesses to prove or disprove facts relevant to a legal matter.
Court Minutes
This is a written record of court proceedings by the court clerk detailing what happened during trials or hearings. It documents every activity from start to recess, including the statements made by the defense and prosecution, witnesses' testimonies, and all other relevant details.
In South Dakota, court records are considered public records under the state's Sunshine Law. Consequently, they are open to inspection and copying unless statutorily labeled confidential or sealed by order of the court.
Types of Court Cases
The two major types of court cases filed within South Dakota's judicial system are civil and criminal cases.
Civil Cases
In South Dakota, civil cases are lawsuits in which an individual or company sues another in court for claims of being injured by the actions of the other party. The suing party is called the plaintiff, while the sued party is referred to as the defendant. In a civil case, an injury, which forms the basis of litigation, may be any harm done to property, body, rights, or reputation. To begin a civil case, the person or entity (or their attorney) that believes another individual or entity has injured them files a complaint with the clerk of courts in the county where the action would be tried. Afterward, the defendant is served a copy of the complaint to formally notify them that a lawsuit has been initiated against them.
In a civil case, the plaintiff must present evidence that is strong enough to convince the court that there is a high probability that their claim is true. This is known as providing a preponderance of the evidence. Generally, civil cases are disputes between two or more parties and are not a matter of breaking any state criminal law. Common types of civil cases in South Dakota include the following:
- General Civil Cases - These are matters involving contracts, money disputes, elder abuse, name changes, civil harassment, and property damage.
- Small Claims Cases - These are informal court cases between individuals and entities where the amount of controversy does not exceed $12,000.
- Probate Cases - These involve matters relating to managing people and their personal affairs, such as wills, conservatorships, estates, and guardianships.
- Mental Health Cases - These are lawsuits involving commitment to mental illness or substance abuse.
- Family Law Cases - These include cases relating to divorce, child support, spousal support, adoptions, annulment, and child custody.
- Juvenile Cases - These are cases involving minors for issues such as dependency and delinquency.
- Landlord-Tenant Cases - These are lawsuits involving landlords and tenants, especially concerning money issues and eviction.
Criminal Cases
These are cases initiated by the state against individuals accused of committing criminal offenses or breaking South Dakota's criminal laws. Unlike civil cases, only the state is empowered by law to bring a criminal case against a person or a group of individuals. The state (prosecution) must be able to establish evidence beyond a reasonable doubt that the defendant is guilty of an alleged offense. In South Dakota, criminal cases are initiated against individuals based on the following broad categories of criminal offenses:
- Infractions/Petty Offenses - These are typically non-criminal violations of city codes, ordinances, or prohibited acts. They include minor violations such as parking and traffic violations and are usually punished by a fine.
- Misdemeanors - These crimes are more serious than infractions but less severe than felony offenses, and South Dakota courts categorize them into classes based on their severity. Common examples of misdemeanor offenses include shoplifting and moving traffic violations.
- Felonies - These are the most severe crimes and are punishable by death or imprisonment in South Dakota's penitentiary. They include murder, robbery, aggravated kidnapping, and manslaughter. Any criminal case involving felony offenses starts with a formal indictment of a criminal offense filed by the prosecuting attorney, a complaint filed by law enforcement in court, or a grand jury indictment.
What Are the Different Courts in South Dakota?
South Dakota operates a unified, state-funded court system with a Supreme Court, circuit courts, and magistrate courts, supported by a FY2025 budget of about $73.1 million, roughly 2.7% of state general fund spending.
| Court Level | Court Name | Jurisdiction | Key Functions |
|---|---|---|---|
| Appellate | Supreme Court | Statewide appeals and original proceedings | Hears appeals from circuit courts, issues final rulings on state law, and regulates the State Bar. |
| General Jurisdiction | Circuit Courts (7 circuits) | Felonies, civil cases, domestic relations, juvenile, probate | Conduct trials, handle family and juvenile matters, and hear appeals from magistrate courts. |
| Limited Jurisdiction | Magistrate Courts | Misdemeanors, small claims, and civil cases up to $12,000 | Hold preliminary hearings in criminal cases and resolve minor civil and misdemeanor matters. |
How Many Federal Courts Are in South Dakota?
Only one federal district court operates in South Dakota - the United States District Court for the District of South Dakota. The court's jurisdiction is for legal matters pertaining to diversity or federal law within the state. In criminal cases, the U.S. District Court for the District of South Dakota's jurisdiction to hear a lawsuit only occurs if the United States initiates a prosecution or when the U.S. is a party to the case. On the other hand, the court only hears civil matters that arise out of a violation of United States law or treaties, a violation of a person's constitutional rights, or if the United States is one of the parties to the case.
Furthermore, the federal district court in South Dakota hears cases involving citizens of different states and civil maritime lawsuits. Generally, whether a matter before the U.S. District Court for the District of South Dakota is a criminal or a civil case, a jury (or judge) determines findings of fact, and a judge determines issues of law. Typically, the judges serving this court are nominated by the United States President and confirmed by the nation's Senate.
How Many Court Cases Are Filed Each Year in South Dakota?
South Dakota circuit and magistrate courts received 202,589 new case filings in FY2025, with criminal and traffic matters making up roughly two-thirds of the total. The state does not publish a clearance rate, so the estimated clearance across case types is about 100%.
| Case Type | Annual Filings | % of Total | Common Offense/Subtype | Clearance Rate |
|---|---|---|---|---|
| Traffic | ~83,530 | ~41.2% | Non-contested Class 2 misdemeanors, mostly traffic violations plus municipal ordinance and petty offenses | ~100% |
| Criminal | ~55,980 | ~27.6% | Contested Class 2 and Class 1 misdemeanors such as DUI and simple assault, and 12,107 felonies | ~100% |
| Civil | 17,793 | 8.8% | Contract disputes, collections, property and tort claims | ~100% |
| Small Claims | 18,872 | 9.3% | Claims up to $12,000 such as landlord-tenant and consumer disputes | ~100% |
| Domestic Relations | 7,530 | 3.7% | Divorce (2,443), protection orders (3,958), and modification or support proceedings (1,129) | ~100% |
| Juvenile | 4,454 | 2.2% | Delinquency and CHINS, abuse and neglect, and juvenile citations | ~100% |
| Other | 14,430 | 7.1% | Search warrants, mental illness and substance commitments, probate, guardianships, and adoptions | ~100% |
| Total | 202,589 | 100% | — | ~100% |
How Do I Look Up Court Cases in South Dakota?
There are several ways to look up court cases or court records in South Dakota, as listed below:
- Most court records in South Dakota may be accessed from the public kiosk terminals situated at each courthouse. It costs about 20 cents to print a page of a court record using this method.
- A summary of South Dakota court cases may be accessed on the state's eCourts System. This system requires users to register and may cost them nominal fees.
- Unless sealed, South Dakota criminal cases from 1989 to the present date are available on the UJS' Public Access Record Search (PARS). Interested persons may look up South Dakota criminal cases before 1989 at the Clerk of Court Offices for the county where their cases of interest were filed. This can be done either in person or by mail.
- Docket entries in criminal and protection orders may be accessed through PARS using a person's date of birth and last name as the search criterion.
- For civil and criminal record inquiries, an interested person may submit a Record Inquiry and Search Request Form.
- Members of the public may look up South Dakota civil judgment records using the Civil Judgment Query System, the state court's civil judgment database. This system requires a registration. Registration is free. Unless sealed or confidential, civil cases from 2003 to the present are available on this database. Inactive civil money judgments from April 19, 2004, may be accessed on this system, while active ones are available for the past 20 years.
Number of Active Judges — State & Federal
South Dakota's unified state court system is staffed by Supreme Court justices, circuit judges, and full-time magistrate judges, alongside three active federal district judges.
| Court | Jurisdiction | Active Judges | Selection Method |
|---|---|---|---|
| Supreme Court | Statewide appellate | 5 | Appointed by the Governor from Judicial Qualifications Commission nominees; retention elections |
| Circuit Courts | General jurisdiction trial courts | 46 | Elected in their circuit; vacancies filled by Governor appointment from commission nominees |
| Magistrate Courts | Limited jurisdiction trial courts | 17 | Appointed by the presiding judge and approved by the Supreme Court |
| U.S. District Court, District of South Dakota | Federal trial court | 3 | Nominated by the President and confirmed by the U.S. Senate |
| Total Active Judges | — | 71 | — |
What Court Records Are Not Available to the Public in South Dakota?
State and federal statutes require South Dakota courts to keep some records confidential. As a result, such court records are typically not available for public disclosure and may only be accessed by authorized persons or government agencies. In other situations, court records sealed by court orders in the state are not publicly accessible.
Generally, records generated from divorce cases, juvenile cases, and adoption cases are closed to public access. Per Section 15-15A-7 of the South Dakota Codified Laws, the following are some documents or information in a court record or events related to the state's court system that are excluded from public access:
- Adoption court records and adoption files
- Civil case filing statement
- Abortion records
- Grand jury proceedings
- Discovery material
- Wills
- Mental illness court proceedings
- A person's involuntary commitment to drug and alcohol abuse
- Any written communication between the attorney and the client
- Presentence investigation reports
- The location of domestic abuse victim
- Abuse and neglect records and files
- Guardianships and conservatorships
- Juvenile records and juvenile court proceedings
- Voluntary termination of parental rights records and proceedings
Average Case Processing Time & Clearance Rates
Processing time in South Dakota varies by case type: ticketed traffic and misdemeanor matters usually resolve within weeks or a few months, while contested civil and family cases can take a year or longer. The estimates below reflect the state court system as a whole.
| Case Type | Court Level | Average Processing Time | Description | Clearance Rate |
|---|---|---|---|---|
| Traffic & Parking | Limited Jurisdiction | ~30–60 days | Most tickets are non-contested and are resolved by paying a fine or entering a plea at the first appearance; contested cases are set for a court trial. | ~100% |
| Small Claims | Limited Jurisdiction | ~2–3 months | Filed in magistrate court for claims up to $12,000; most are resolved at a single hearing or by default judgment. | ~100% |
| Misdemeanor Criminal | Limited Jurisdiction | ~3–6 months | Begin with an initial appearance before a magistrate, then move to plea agreement or trial. | ~100% |
| Civil Cases | General Jurisdiction | ~12–18 months | Move through pleadings, discovery, and motions; most settle or are decided without a full trial. | ~100% |
| Domestic Relations | General Jurisdiction | ~4–9 months | Divorces require a 60-day waiting period after service; uncontested cases finish by agreement while contested cases go to trial. | ~100% |
| Felony Criminal | General Jurisdiction | ~5–6 months | Proceed from a preliminary hearing to indictment or information, arraignment, plea negotiations, and sentencing or trial. | ~100% |