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Preparing for Court

Find information about attempting to settle a case, resolving a dispute through mediation, preparing for court, and how to make special court arrangements.

Attempt to Settle

Before requesting a hearing on the case, the parties should make efforts to reach an agreement/settlement. This can be done by communicating with the other party or their attorney. Settlement agreements are best reached when both parties are open to compromise, flexible, and can work together toward finding a solution that is fair and equitable.

Mediation

You may be able to resolve your dispute through mediation without needing to go to court. Mediation gives people a chance to sit down with a mediator in an informal setting to try and work out their conflicts. Many cases settle without a hearing by using the services of a mediator. 

Mediators are neutral professionals trained to help disputing parties resolve conflicts typically related to family law issues such as custody, parenting time, child support and divorce-related matters. The mediator facilitates discussions, promotes communication, and helps the parties reach mutually acceptable agreements without taking sides or making decisions for them. Mediators charge a fee for their services, and the parties must decide how to pay for this service. 

Learn More About Mediation

Preparing for Court

If negotiations between the parties are unsuccessful, you will want to prepare by organizing and gathering the evidence that will help prove your case. Evidence could include documents like receipts, bills, text messages or photos that you could bring to court with you. 

  • Make sure you have all the documents you need for your court case.

  • Bring the original documents and have at least two copies available. If you will be using records from a government office or agency, you should obtain certified copies from them.

  • Decide what you want out of the case. This will help you evaluate any possibilities of settling your case without a trial.

  • Prepare a page of notes to read from with all the points you want to make so you don't forget anything. Be ready with dates, names, addresses and dollar amounts.

Witnesses can also be subpoenaed to testify on your behalf to tell the court what they know about your case. A subpoena is a written legal notice requiring a person to appear in court and give testimony or produce documentary evidence. Subpoenas can be requested through the clerk of courts office. 

Learn About Subpoenas

Discovery of Evidence

It is possible to find out what evidence the other side is going to present through a process called discovery. In civil cases, you have the right to get information about witnesses and copies of documents before the hearing. There are complicated rules about what you can get through discovery and strict time limits apply (see SDCL 15-6-26 through 15-6-27). If you need to use discovery, you may want to talk to a lawyer.

View Legal Statutes

Special Arrangements

Everyone has the right to access the court and participate fully in the legal process. If you or anyone participating in your case needs special accommodations such as a courtroom that is accessible, a sign language interpreter or a translator, contact the clerk of courts office or circuit court administrator where your case is filed. 

Court Contact Information

Court Resource Guides

Representing Yourself Related Topics

Representing Yourself

Learn how to represent yourself in court with information on starting a court action, filling out forms, doing legal research, preparing for court and a checklist.

Doing Legal Research

Steps in doing legal research, including essential tips and legal research resources to help prepare for your case.

Understanding the Courts

Topics in this section provide an overview of the court system in South Dakota—what the courts job is, how the courts work, and how the courts serve the public and society.