South Dakota Court Records
How South Dakota's courts are organized, where their records are kept and how to search them.
South Dakota's Unified Judicial System brings every state court under one administration, with circuit courts in all 66 counties. Clerks of court in each county are state employees and use the same case management system.
South Dakota does not offer a free public online case search. Instead, the UJS sells statewide record searches, and copies of case files come from the clerk of courts in the county where the case was filed.
South Dakota's court system was unified in the 1970s, so all trial courts, including magistrate courts, are part of one statewide system with the same case management software. That is why a single UJS records search can cover every county.
How South Dakota's courts are organized
South Dakota's court system has just two levels.
South Dakota Supreme Court
Five justices hear all appeals from the circuit courts and oversee the judicial system and the bar.
Circuit courts
The general jurisdiction trial courts, in seven judicial circuits. They hear felonies, civil cases, family law, probate and juvenile cases.
Magistrate courts
Part of the circuit courts, magistrates hear misdemeanors, small claims, traffic and preliminary hearings.
Searching South Dakota court records online
Online access in South Dakota is mostly limited to opinions and general information.
- South Dakota Unified Judicial SystemOpinions, court information, forms and records request instructions.
- UJS record search requestsThe UJS offers statewide searches of public court records for a fee; see the records section of its site.
Getting records from the clerk's office
Contact the clerk of courts in the county where the case was filed. Clerks provide copies and certified copies for set fees and accept requests by mail.
Deeds are kept by the county register of deeds.
Clerks of courts in South Dakota are state employees, so fees and procedures are the same in every county. Many clerks will email copies of documents once the fee is paid.
- South Dakota court locationsFind circuit courts and clerks of courts in every county.
What is public, and what is not
Most South Dakota court records are public, but juvenile, adoption, abuse and neglect, and mental health records are confidential.
South Dakota allows people to request removal of arrest records that did not lead to conviction, and to have some records sealed after a suspended imposition of sentence is completed.
Most South Dakota court records are public under state law and court rules, but juvenile, adoption, abuse and neglect, and mental health records are confidential, and personal identifiers must be kept out of public filings.
- South Dakota UJS self-helpForms and guidance for people without a lawyer.
Older and archived records
Historical court records, including territorial records, are held by the South Dakota State Archives in Pierre.
Older records are kept by county clerks of courts or, for historical files, at the South Dakota State Archives in Pierre, which holds territorial court records.
- South Dakota State ArchivesHistorical state and county records.
Criminal history and background records
A court file tells you what happened in one case in one court. A criminal history record (often called a rap sheet) pulls together arrests, charges and outcomes reported from across the state, so it is a different product kept by a different agency.
The South Dakota Division of Criminal Investigation keeps the state's criminal history records. Fingerprint-based checks are available for authorized purposes.
- South Dakota DCIInformation on criminal history records from the Attorney General's office.
- South Dakota sex offender registryPublic search of registered sex offenders.
- South Dakota Department of CorrectionsInformation about people in South Dakota state custody.
Federal court records in South Dakota
Federal cases, including federal crimes, bankruptcies, and lawsuits over federal law or between citizens of different states, are not filed in South Dakota's state courts. South Dakota is a single federal judicial district, and each has its own clerk's office:
Federal case files are searched through PACER, the federal judiciary's records system. PACER charges a small fee per page, but you pay nothing if your charges stay under the quarterly fee-waiver threshold, court opinions are free, and every federal courthouse has public terminals you can use at no cost. Many PACER documents have also been copied into the free RECAP Archive on CourtListener. Appeals from South Dakota's federal courts go to the U.S. Court of Appeals for the Eighth Circuit.
Tips for a faster search
- Because there is no free online search, have full names, dates of birth and the county ready when you contact the clerk.
- A statewide UJS record search can tell you which county holds a case.
- South Dakota case numbers usually include a county code, the year and a case type such as CRI or CIV.
- A statewide UJS record search will list cases from every county, which is often the fastest way to find out where a case was heard.
- Have the full names of the parties, the county and a rough date range ready. A case number is the fastest way in if you have one.
- Online indexes are not the official record. If a decision depends on it, get a copy (or a certified copy) from the clerk's office that holds the file.
Legal help and law libraries
Clerks and law librarians can explain how to find a record, but they cannot give legal advice. These organizations can point you in the right direction:
- South Dakota State LibraryPublic library services, including legal resources.
- East River Legal ServicesFree civil legal help in eastern South Dakota.
This guide is general information about public records, not legal advice. Court websites, fees and rules change, so confirm details with the court before you rely on them. Civics-Online.org is not affiliated with any court or government agency.