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Minnehaha County Courthouse
Lincoln County Courthouse

Local Forms and Rules

Forms

Some states have hundreds or even thousands of court forms available for the public, but South Dakota's selection is much smaller. Some of the forms that are available include:
  • Small claims forms are available here.
  • Statewide divorce forms and a guide to those forms are now available at this link. A few additional local forms also related to divorce cases are available in the links below.
  • Forms are now available online to apply for temporary protection orders.
Domestic Violence

Stalking
  • The 2nd Circuit also publishes a few local forms, like a “motion and order for delay” and a court appointed attorney application that can all be found below.

The South Dakota State Bar Association also publishes many forms, including dozens of probate forms. While the collection is primarily designed for attorneys, the forms are available on the "Dakota Disc" CD at the Minnehaha County and some other law libraries, or through the State Bar Association.

Please be careful! There are some companies on the Internet that sell "South Dakota" divorce and other forms, sometimes for very high fees. For example, www.USLegalForms.com sells a South Dakota divorce package for $45, or $299 if they help you fill out the forms. Those forms may be acceptable in South Dakota's courts, but they are drafted by the vendor and are not sanctioned, endorsed, or published by the court itself. At this time there is no charge for the forms that are available directly from South Dakota's courts, except for a $10 fee for printed copies of the divorce forms package. You may print the divorce forms yourself at no charge.

Rules of Court

Sometimes people who are not familiar with the courts in South Dakota think that we don't have Rules of Court like many other states. South Dakota does indeed have Rules of Court, but in this state they are codified and published in and with the state statutes, rather than as a separate set of rules like Minnesota for example. You can find the Rules of Court through the Legislature's web page for the state statutes, http://legis.state.sd.us/statutes/index.aspx

Some -- but not all -- Circuits have also adopted local rules and some forms for use in each judicial circuit. The local rules and forms are proposed by the judges of each circuit and reviewed by the Supreme Court pursuant to SDCL 15-6-83 for civil rules, and SDCL 23A-45-12 for criminal rules. After adoption by the Supreme Court, they are published in South Dakota Codified Laws (state statutes). However, for some reason those appendices don't appear on the Legislature's internet search site for state statutes. If you have access to a printed statute set, local civil rules appear as appendices following SDCL 15-6-86, and local criminal rules and forms appear as appendices following SDCL 23A-45-15. Both sets of local rules and forms are also available on Dakota Disc and through Westlaw for those who have access to those services or CD's. You can also find the 2nd Circuit's Local Civil and Criminal Rules at these links:

SDCL 15-6-83

SDCL 23A-45-12


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