Start a Court Action
How is the court system set up in South Dakota?
The court system is like a pyramid. At the bottom of the pyramid are the Magistrate Courts, where misdemeanor criminal cases and small claims court cases are heard. Next are the trial courts, called Circuit Courts. The highest court in the state is the South Dakota Supreme Court. If someone loses a case in the Circuit Court, they can appeal to the South Dakota Supreme Court.
There are two kinds of legal cases: criminal and civil. A criminal case is when the state charges a person with a crime. A civil case is when someone sues an individual or a business. There are many kinds of civil cases. Some examples of a civil problem that could end up in court are: a divorce, a dispute with a landlord, a boundary disagreement with a neighbor, or a problem with a store that sold you a faulty product.
Where do I file my case?
It depends. You must decide which county or state is right for your case. This is called finding the right venue. The case is usually filed where you live or where the action took place, but not always. Where you file your case could affect the outcome especially in divorce and child custody cases. See SDCL ch. 15-5 for statutes on venue of actions.
What court do I go to?
That will depend on the type of case and the amount of money involved. If it is a family law matter like divorce, child support, or custody, your case belongs in Circuit Court. If it is another kind of civil case, you may go to the Magistrate Court if the amount of money involved does not exceed $12,000. If it is more than $12,000, then you need to go to Circuit Court.
What are the basic steps in filing a lawsuit?
- The person starting the case is called the Petitioner or Plaintiff. That person files a written statement, called the Complaint, telling the court what the case is about. Then they arrange to have the Summons and Complaint delivered to the other side. This is called "service of process."
- File the Answer. The person being sued is either called the Defendant or the Respondent. That person files a written response telling their side of the story and delivers a copy to the plaintiff. This is called an Answer.
- Prepare the case. Both sides have time to gather evidence to prove their case. Evidence could include documents, photographs or the testimony of witnesses.
- The judge holds a hearing. This is when both sides appear before the judge to present their evidence to prove their case.
- The judge makes a decision.
Guide and File
Guide and File permits self-represented litigants to easily create and fill out the forms necessary to start these court proceedings—divorce, name change, protection orders, request for an expungement, and small claims. Other options available under this system include annual reporting guardianships, motions for order to show cause, and answering a small claims. Guide and File is designed to make a legal proceeding easier on self-represented litigants, and to improve the accuracy and completeness of the forms they file with the Clerk's Office.
Simply answer the interview questions, and at the end of the interview the website will generate the forms with your answers that you may then print. Please be sure to read all of the instructions in the interview and in the instructions and checklist forms that are on the UJS website (which are linked in the interviews). You can then submit these printed forms to the court by filing them at the Clerk's Office counter in the proper county.
This electronic service is completely free, but if you do not have a printer, you may have to pay printing costs. If you have any thoughts on how to improve this service, please send an e-mail with your suggestions to UJSeSupport@ujs.state.sd.us.