Understanding Civil Court Records in South Dakota

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    South Dakota civil court records are the official documentation of disputes between private individuals or government entities. Under the South Dakota Public Records Act and other judicial access policies, these civil records are considered public unless otherwise specified by a state statute or court order.

    Civil Court Record Statistics Reported by South Dakota Courts

    According to the most recent data recorded by the South Dakota UJS, South Dakota circuit courts recorded 63,079 total civil filings in the 2025 fiscal year. Within that year, there were:

    • 17,793 general civil filings (encompassing tort, contract, and real-property disputes)
    • 18,872 small claims filings
    • 2,346 probate filings (2,080 informal and 266 formal)
    • 2,443 divorce/annulment filings
    • 3,958 protection order filings
    • 1,129 support/modification/UIFSA filings
    • 936 guardianships/trusts
    • 430 adoptions/terminations of parental rights.

    At the appellate level, the Supreme Court received 310 appeals that same year.

    How Civil Records Differ from Criminal Records in South Dakota

    South Dakota civil court records differ from criminal records in the matters they pertain to and the manner in which they are adjudicated. While civil cases arise from civil disputes between private or public parties, criminal cases involve the alleged violation of the state penal statutes, which the government then prosecutes. Civil case parties typically seek monetary damages, injunctions, or declaratory relief because civil judgments determine liability and establish the rights and obligations of the parties involved in the case. However, criminal judgments generally determine guilt and impose penalties.

    Category

    Civil Record

    Criminal Record

    Legal Focus

    Disputes between individuals, businesses, and agencies

    Violations of criminal statutes prosecuted by the state

    Case Titles

    Plaintiff v. Defendant

    State of South Dakota v. Defendant

    Potential Outcome

    Damages, injunctions, custody, property rulings, etc.

    Fines, imprisonment, probation, or dismissal

    Public Access

    Generally public; may be sealed for privacy

    Generally public but with more restrictions

    Retention Period

    Varies by case type; some may be permanent

    Generally longer for felonies, but may be expunged as required.

    Structure of the Civil Court System in South Dakota

    South Dakota's judicial branch is unified and established under Article V of the South Dakota Constitution. The system comprises the Supreme Court, circuit courts, and magistrate courts, each with its defined civil jurisdiction.

    The circuit courts are trial courts of general jurisdiction, handling the majority of civil cases, including contract, tort, real property, and family matters. Each circuit is divided into several counties with a clerk of court maintaining records locally. The magistrate courts have jurisdiction over small claims and lower-value civil disputes, typically those involving minor amounts below the statutory threshold, which is correctly $ 12,000 under SDCL § 15-39-45.

    Court

    Type of Civil Cases

    South Dakota Supreme Court

    Hears appeals from Circuit courts and administrative agencies; establishes statewide rules for civil procedure and record access

    Circuit Courts (7 Judicial Circuits)

    General jurisdiction over all civil matters, including tort, property, contract, probate, and family law cases

    Magistrate Courts / Small-Claims Divisions

    Handles civil disputes involving smaller sums and provides expedited hearings without attorneys

    Public Access to Civil Court Documents in South Dakota

    In South Dakota, civil case files, docket entries, and most court orders are public, unless they are sealed. South Dakota recognizes the presumption of open judicial records under both constitutional principles and the South Dakota public records law. The unified judicial system's public access policy outlines which documents are available to the public and under what conditions they are. Records may be sealed if they contain trade secrets, juvenile identifiers, or sensitive personal data, or if disclosure would compromise an ongoing investigation or endanger the privacy of individuals.

    How To Access South Dakota Civil Records

    Record seekers can access South Dakota civil records through the methods below:

    The official eCourts system is a statewide online portal that provides access to case information and documents. After completing a one-time registration, users can search for public civil cases by party name or case number. The eCourts portal displays a summary of case details (e.g., case title, filings, and docket information) for accessible cases. Online access through eCourts is free, although it provides summary data. To obtain actual documents, one may need to contact the clerk's office or visit a courthouse.

    South Dakota also offers the PARS system for specific searches. PARS is primarily used to get a statewide civil court record search on an individual or business. It returns a summary of any matching court records. PARS requires a fee of $20 per search submission to the web, regardless of whether results are found. This is often used by employers or members of the public who require an official summary of a civil court record. PARS can be used as a guest (pay-as-you-go) or via a prepaid account with the UJS.

    • Clerk of Court (County Office)

    For in-person or direct requests, inquirers may visit or contact the Clerk of Courts in the county where the case was filed. Every county clerk's office can search its local case files and provide copies of civil documents upon request. Inquirers may search by party name, case number, or filing date with the clerk's assistance. The clerk's staff will locate the physical or electronic file and provide it to requesters. Older cases may only be accessible through the local clerk's office, as they may not be available in the online systems. Clerks may charge modest copy fees for providing printouts or certified copies. It's wise to call ahead to inquire about procedures and fees, as some clerks can fulfill requests via mail or email.

    • On-Site Public Terminals at Courthouses

    Free public access terminals are available at every county courthouse in South Dakota. Anyone can use these courthouse computers to search the UJS case management system directly and view open civil case records electronically. On these terminals, inquirers can view case summaries and often access docket entries or scanned documents, depending on the system's offerings.

    Types of Civil Cases Filed in South Dakota Courts

    South Dakota courts handle a broad spectrum of civil matters per state statutes. Some of these include:

    • Family law cases, which include divorce matters, child custody, child support enforcement, and adoption
    • Contract disputes, including breach of written or verbal agreements or payment disputes
    • Torts, including personal injury, negligence, defamation, and property damage
    • Property disputes, including boundary conflicts, easements, and ownership claims
    • Landlord-tenant matters such as eviction, unlawful detainment, and rental deposit disputes
    • Probate and estate cases, including administration of wills and estates under SDCL Title 29A
    • Small claims, such as civil suits involving amounts below the statutory limit

    Circuit courts oversee most civil litigation, while magistrates or small claims divisions manage minor disputes.

    Information Captured in South Dakota Civil Court Files

    Civil court files contain all documents submitted and generated during the course of a civil judgment. Typical information found in a civil case file includes:

    • Case caption and docket sheet
    • Complaint or petition initiating the action
    • Summons and proof of service
    • Counterclaims and motions
    • Court orders, judgments, and decrees
    • Exhibits and filed evidence
    • Transcripts or hearing minutes
    • Financial assessments

    Under Administrative Rule 19-2, sensitive data such as Social Security numbers, bank account details, or medical records must be redacted before public release.

    Retention and Archiving of Civil Court Records in South Dakota

    The South Dakota State Archives and the Administrative Office of the Courts establish guidelines for the retention and archiving of civil court records in the state. These retention periods are as follows:

    • Small-Claims and Limited Civil Cases: Retained 5 to 10 years after case closure.
    • Family-Law Cases: Maintained indefinitely due to ongoing enforceability of custody or support orders.
    • Probate and Estate Files: Permanently retained per SDCL § 1-27-1.1 and judicial policy.
    • Archived or Inactive Cases: Transferred to the State Archives or county storage facilities after inactivity periods, generally 10 years.

    Digital records are also stored within the Odyssey Case Management System, as paper files are typically destroyed after being converted to digital format and approved by the State Archivist. Members of the public may request archived copies by submitting a written request to the relevant Clerk of Court or to the State Archives, or the South Dakota Department of Education and Cultural Affairs.

    References and Official Resources


    The following are official links or agencies relating to the management of civil court records in South Dakota: