16-2-20. General supervision of circuit courts by Chief Justice–Purposes. Pursuant to S.D. Const., Art. V, §11 the Chief Justice of the Supreme Court shall have and exercise such general direction and supervision of the work of the circuit courts as deemed necessary to expedite the work of the courts, alleviate congestion, secure prompt disposition of […]
16-2-20.1. Quarterly reports of undecided circuit court cases–Submission and transmittal–Discipline for noncompliance. Every circuit judge of this state shall on the first day of January, April, July, and October of each year submit a report, on forms as designated by the Supreme Court, to the presiding judge of his or her respective circuit specifying the […]
16-2-21. Presiding judges–Appointment–Administrative powers and duties–Court held in each county. The presiding judge in each judicial circuit, to be appointed by the Chief Justice, subject to the rules of the Supreme Court, has administrative supervision and authority over the operation of the circuit courts, the courts of limited jurisdiction, and clerks and other court personnel […]
16-2-23.1. Fees retained by court reporter. Notwithstanding §3-8-3, a court reporter may receive and retain as his own, any fees for taking testimony or preparing transcripts that are authorized by the justice, judge, or magistrate who appointed him. Source: SL 1975, ch 162, §9.
16-2-25. Counties to provide facilities for clerk. Each county in the state shall provide suitable and adequate facilities for the clerk or any deputy clerk of the circuit court, including the facilities necessary to make the space provided functional for its intended use. Source: SL 1973, ch 130, §8; SDCL Supp, §16-10-2.1; SL 1974, ch […]
16-2-25.1. Supplies of judge or magistrate provided to unified system. All furnishings, supplies, and materials owned by a county, municipality, or township, which were used by, or on behalf of, any judge or justice of the peace for the execution of his judicial duties on or before January 7, 1975, or which are purchased after […]
16-2-26. Municipalities and townships to provide facilities for magistrates’ clerks. Any municipality or township in the state assigned a magistrate for the principal purpose of providing service to such political subdivisions shall, upon order of the presiding judge of the circuit, provide suitable and adequate quarters for any deputy clerk of the circuit appointed to […]
16-2-27. Continuing duties of clerks of court. The duly elected or appointed clerks of courts shall continue to perform duties as follows: (1)Duties, nonjudicial in nature, required by law to be performed until transferred by the Legislature to other appropriate officers, or until such duties are abolished, provided that in such event provision will be […]
16-2-27.1. Passport application duties of clerks–Fees. Clerks of the circuit courts in the counties of Aurora, Bennett, Bon Homme, Brule, Buffalo, Butte, Campbell, Charles Mix, Clark, Corson, Custer, Day, Deuel, Dewey, Douglas, Edmunds, Fall River, Faulk, Grant, Gregory, Haakon, Hamlin, Hand, Hanson, Harding, Hutchinson, Hyde, Jackson, Jerauld, Jones, Kingsbury, Lincoln, Lyman, Marshall, McCook, McPherson, Mellette, […]
16-2-28. Accounting system for funds. The Supreme Court shall by rule provide for an accounting system for the receipting, holding, and disbursement of fines, fees, costs, forfeitures, restitution, bonds, trust funds, support and alimony payments, penalties, assessments, and other funds established by law. Source: SL 1949, ch 32; SDC Supp 1960, §12.1404-1; SDCL, §16-10-5; SL […]
16-2-29. Fees charged by clerk of courts–Governmental bodies exempt. The clerk of courts shall charge and collect the following fees: (1)For the probate of an estate, seventy-five dollars; (2)For all service connected with the preparation and transmission of a settled record to the Supreme Court, including the remittitur from the Supreme Court, fifty dollars; (3)For […]
16-2-29.1. Fees of Supreme Court clerk–No fee in certain cases. The clerk of the Supreme Court shall charge the following fees and shall collect them in advance: (1)For each action or proceeding originally commenced in or brought to the Supreme Court by appeal, to be advanced by the party commencing or bringing such action or […]
16-2-29.2. Waiver of filing fees and service costs–Motion to court. A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the court upon the affidavit of the moving party and the entry of an order thereon. Source: […]
16-2-29.3. Waiver of filing fees–Affidavit of inability to pay. The affidavit required by §16-2-29.2 of the moving party shall state the moving party’s inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress. Source: SL 1982, […]
16-2-29.4. Waiver of filing fees–Dismissal of action if allegation of poverty untrue or action frivolous or malicious. The court may, at any time after filing of the affidavit, dismiss any civil action, proceeding, or appeal if the allegation of poverty is found to be untrue or if satisfied that the action, proceeding, or appeal is […]
16-2-29.5. Records search fee. The clerk of court shall charge a records search fee in the amount of twenty dollars for each record search conducted if the search is requested by a person who is not a party named in the action for which the search is being requested. The clerk shall charge a fee […]
16-2-29.6. Electronic searches of money judgments. Electronic searches of the statewide civil money judgment database may be performed by a web-based search for a fee of four dollars for name or date searches and one dollar for judgment docket information. The same information is available on an unlimited basis by bulk users for two thousand […]
16-2-30. Clerk to forward fees and costs monthly to county treasurer. The clerk of courts shall forward all fees and costs on a monthly basis to the county treasurer for deposit in the county general fund. Source: SL 1889, ch 60, §1; RPolC 1903, §953; RC 1919, §6020; SDC 1939, §12.1404; SDCL, §16-10-6; SL 1982, […]
16-2-34. Distribution of fines and penalties collected for violation of local ordinances. Thirty-five percent of all fines, penalties, and forfeitures collected by or through the use of a circuit or magistrate court, clerk, or other court officer for violations of a county, township, municipal or chartered governmental unit’s ordinance, charter, or bylaw, shall be paid […]
16-2-38. Unified Judicial System court automation fund created. There is hereby created in the state treasury a special fund known as the Unified Judicial System court automation fund. Source: SL 1990, ch 151, §1.
