Civil Cases
A civil case is a legal dispute between two or more parties (individuals, businesses, or organizations) that involve private rights and obligations, rather than criminal charges. Civil cases typically arise when one party seeks compensation, enforcement of a contract, or resolution of a dispute. They include the following types of cases:
- Small claims cases: informal lawsuits between individuals or companies for $12,000 or less.
- General civil cases: things like suing over money disputes and contracts, damage to property, or someone getting hurt. They may also include things like name changes, elder abuse, and civil harassment.
- Family law cases: divorce, annulment, alimony, child support, child custody, and adoptions.
- Landlord-tenant cases: a landlord or tenant brings suit due to eviction or requests for money.
- Probate cases: taking care of deceased person's estate such as estates, wills, guardianships, and conservatorships.
- Juvenile cases: involving minors for things like delinquency and dependency.
- Administrative appeals: involve appealing a decision of an administrative agency of government.
- Mental health cases: involuntary commitments for substance abuse or mental illness, and forced medications.
Criminal Cases
Criminal cases are cases in which the State of South Dakota prosecutes an individual (the defendant) accused of violating criminal laws. Only the state may bring a criminal case, not an individual person.
- Traffic Citations (POA): minor violations, such as speeding tickets, which are typically punished by a fine.
- Misdemeanors: more serious crimes, such as shoplifting, which are punished by up to a year in jail and/or a $1,000 fine.
- Felonies: the most serious crimes, such as murder, which can be punished with prison time, fines, or even the death penalty.