Learn about the structure of courts in South Dakota including the two levels of courts, circuit court jurisdictions and the types of cases.

There are two levels of courts in South Dakota: Supreme Court and circuit courts. In addition, magistrate courts operate under supervision of the circuit courts. 

Circuit courts are the state’s trial courts and handle criminal and civil cases. Magistrate courts assist the circuit courts and handle misdemeanor criminal cases and minor civil cases. 

The Supreme Court is the state’s highest court and makes final decisions on state law. The Supreme Court most often serves as an appellate court and hears appeals of circuit court decisions. The Supreme Court also has original jurisdiction over certain types of  proceedings, which means the matter is filed directly with the Supreme Court.

The Supreme Court manages the statewide court system. South Dakota courts are organized into a unified judicial system. The State Court Administrator’s Office provides centralized services for South Dakota’s courts. 

Circuit Courts

Circuit courts are the state’s trial courts, or the court where a case is first heard. South Dakota is divided into seven judicial circuits. Circuit court judges hear both civil and criminal cases. In cases with no jury, the judge decides the case. In cases with a jury, the judge rules on what evidence may be considered by jurors to reach their verdict. The judge also instructs the jury on points of law.

Magistrate Courts

Magistrate courts assist the circuit courts in handling misdemeanor criminal cases and minor civil actions. They also handle small claims cases and conduct preliminary hearings in all criminal cases. Magistrate courts have limited jurisdiction but make the judicial process more accessible to the public by providing a means of direct court contact for the average citizen. 

Guide to South Dakota Courts

The UJS' Guide to South Dakota Courts provides an overview of the court system in South Dakota — what its job is, how it works, and how is serves the public and society. 

Supreme Court

The Supreme Court is the state’s highest court and makes final decisions on state law. The Supreme Court most often serves as an appellate court and hears appeals of circuit court decisions. The Supreme Court also has original jurisdiction over certain types of proceedings, which means the matter is filed directly with the Supreme Court. 

Case Types

Criminal cases are those in which a person is accused of violating criminal laws. Civil cases are legal disputes between two or more parties (individuals, businesses or organizations) that involve private rights and obligations. Small claims court is an informal court which allows people to sue for small losses of money or property.