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The court staff is here to help you in whatever way they can. Their
role is to provide you with information, not legal advice. They have
been instructed not to answer questions if they do not know the answer,
or if your question requires advice instead of information. They may
refer you to other resources to help you more effectively.
WHAT WE CAN DO FOR YOU
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We can give you information on a court case, unless it is unavailable or
restricted by law. You may be charged a search fee or copy fee.
þ We can provide you with
general information on court rules, procedures, and practices.
þ We can give you
court-approved forms for Small Claims, Protection Orders, Divorce and
Child Visitation cases. Forms
are not available for other proceedings at this time.
þ We can assist you in
filling out those forms listed above.
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We can give you general information on deadlines.
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We can give you general information on scheduled court matters and how
to get matters set before a judge.
WHAT WE CANNOT DO
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We cannot tell you what to say in court.
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We cannot tell you what a judge will or might do.
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We cannot provide you with any information that we would not provide to
all other parties in a case.
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We cannot tell you if you
should take any particular action.
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We can not allow you to speak directly to a judge. All such
communications must be in writing with copies to all parties involved in
the action.
ABOUT LEGAL ADVICE
Court staff is here
to provide you with information, not legal advice. Court staff cannot
act as your attorney. If you choose to represent yourself, you will
have the same responsibilities as an attorney.
One of your rights
is to consult with a lawyer. If you can’t afford an attorney in a
criminal matter, you can ask the judge for a court-appointed lawyer.
You will have to fill out a financial form (available from the clerk) to
make sure you qualify. You will be required to reimburse the county for
the costs of a court-appointed attorney.
Whenever a party or an
attorney representing a party commences a civil action or files an
answer or first responsive pleading in a civil action, the party or
attorney representing the party is required to file a completed civil
case filing statement containing identifying information available to
that party or attorney regarding all parties, including the adverse
party, with the clerk of court. The civil case filing form is available
in the clerk’s office or on our website.
Resources are also
available through the state’s court website:
ujs.sd.gov.
ABOUT FEES
Court staff does not determine how much to charge a customer, nor when
to collect fees. Those are set out under state law and are ordered by
judges. Our typical fee schedule is as follows:
Fees charged under SDCL
16-2-29, 16-2-29.1, 16-2-29.5 and
16-2-45:
Filing fee in most probate cases $120
Filing fee in divorce cases $95
Filing fee in modification(support/visitation) $50
Filing fee in civil cases $70
Transcript of judgment fee $ 5
Execution fee $ 5
Records searches $5-15
Subpoenas $ 2
Certifying a copy $ 2
Appeals – Clerks
Fee $50
Supreme Court Appeals $100
Fees and Costs under other statutes:
Federal Judgement
$ 5
Law library fees $ 5
Removal from Small Claims
$35
Appeal from magistrate court $10
Small Claims variable
Court Automation variable
Marriage fees (not license) $20
”Liquidated costs” $40
Victims compensation $ 2.50
NSF check service charge $30
The clerk will be able to explain these and any other fees to you.
There are other additional fees charged
according to South Dakota law: These include:
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Appearance by non-resident attorney $200
§
Appeal Bonds -
$500 (SDCL 15-26A-23)
These amounts are effective as of the
date of printing. PLEASE ASK THE CLERK what the current fees and
costs are for your particular case. The clerk can also explain these
fees to you or direct you to the relevant laws that apply.
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