You can make a request to the Court asking not to be charged for filing your case or for having the sheriff deliver legal papers. This request is called Motion to Waive Filing Fee and Service of Process Fee. This request relies on your Financial Affidavit (Form UJS-023), which gives the Judge information about your finances. The Judge will use this information to decide if you qualify to have your fees waived.
You will need to submit three documents:
- UJS-022 Motion to Waive Filing Fee & Service of Process Fee Form
- UJS-023 Financial Affidavit Form
- UJS-028 Order on Motion to Waive Filing Fee & Service of Process Fee Form
If you do not hear from the clerk of court in five business days, you should contact the office and ask whether the Judge signed your Order on Motion to Waive Filing Fee & Service of Process Fee. If the Judge did not sign your Order, you have 30 days to pay the filing fee or your case will be dismissed.
ALL FORMS MUST BE PRINTED SINGLE-SIDED AND COMPLETED IN BLACK OR BLUE INK
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UJS-022 Instruction for Motion to Waive Filing Fee & Service of Process Fee Form
This form allows individuals in South Dakota to request a waiver of court filing and service fees due to financial hardship.
English
UJS-023 Instructions for Financial Affidavit Form
This form is a Financial Affidavit used to disclose income, expenses, assets and debts, ensuring accurate financial assessments by the court.
English
UJS-028 Order on Motion to Waive Filing Fee and Service of Process Fee Form
This form is a court order granting a waiver of filing and service fees in South Dakota cases, issued upon approval of a motion due to financial hardship.
English