South Dakota crime reporting guide

Following an arrest, the arrested person must be taken before the nearest available magistrate without unnecessary delay for his initial court appearance.

He or she must be informed of the following:

1. The right to retain counsel.
2. The right to request assignment of counsel if he is unable to obtain a lawyer.
3. The general circumstances under which the defendant may gain pretrial release.
4. That the defendant is not required to make a statement and that anything he says may be used against him.
5. The right to a preliminary hearing, if one is required.

Bail is set during the initial appearance. A time is set for the preliminary hearing. In the event there is an indictment by a grand jury, no preliminary hearing is required and the matter is transferred to circuit court for arraignment.

All persons are entitled to be released on bail, except in death penalty cases. A defendant must be released pending trial on his personal recognizance (his promise to appear) unless one of the following conditions exists:

1. The defendant is currently free on a personal recognizance bond.
2. If the magistrate or judge determines that release will not reasonably assure the defendant’s appearance in court or if the defendant poses a threat to any other person or to the community.

In South Dakota, felony cases proceed to circuit court through either a preliminary hearing or grand jury. 

A preliminary hearing is open to the public (and journalists), while a grand jury is not. 

At a preliminary hearing, the prosecutor will call witnesses to the stand in an attempt to show the judge there is enough evidence to take the case to trial. The accused person’s defense attorney can cross-examine witnesses. 

If the judge determines the case can proceed, an information will be filed that outlines the charges against the defendant. 

Alternatively, a grand jury meets in private. 

It has the power to and duty to inquire into all public offenses committed in the county and to present them to the circuit court by indictment. A special grand jury may be impaneled to investigate only one case or particular type of activity. A general grand jury has the power to investigate all offenses committed in the county.

Generally, a grand jury is requested by the prosecutor or state’s attorney. A circuit judge must be satisfied that a grand jury is necessary or desirable. Only a circuit judge may order a grand jury summoned.

Jurors are chosen from the master jury list of registered voters and licensed South Dakota drivers who are at least 18 years old. The first eight names randomly drawn will constitute the grand jury, unless any of those drawn are excused from serving. The grand jury will consist of not less than six nor more than 10 citizens. Grand jurors may be challenged by the state’s attorney for not being properly selected, drawn or summoned. The state’s attorney also may challenge a particular grand juror for failure to meet certain legal criteria. If a defendant has been charged by complaint and is awaiting a preliminary hearing, and a grand jury is specially called for his case, he too may challenge the jury panel or individual jurors.

The circuit judge then appoints a foreman and deputy foreman. After being sworn the grand jurors select a member to be the grand jury clerk to take minutes and preserve any evidence received. The grand jury meets at a time and place convenient for the grand jury members. At least six must be present. All testimony before the grand jury must be recorded, and the clerk must take minutes. The foreman administers the oath to witnesses.

The rules of evidence apply to any evidence received. Grand jurors are not bound to hear the defendant’s evidence, but they may order such evidence to be produced with the consent of the prosecutor. Grand juries may issue subpoenas for witnesses and for documents.

A grand jury witness may be represented by counsel, but the attorney may only advise the witness. The attorney may not ask questions and may not make statements. Witnesses may be held in contempt for refusing to testify. The subject (the potential defendant) may be given an opportunity to testify providing 1) he must be given adequate and reasonable notice of his legal rights; 2) he must waive immunity either in writing or orally on the record.

Grand jury proceedings are secret. Every grand jury member must keep secret what another grand juror said or how he or she voted. Matters occurring before the grand jury must not be disclosed unless permitted by the circuit judge. The prosecuting attorney may disclose evidence received in the performance of his official duties.

During the taking of evidence only grand jurors, prosecutors, interpreters, court reporters, witnesses and their attorneys may be present. The court may direct that a grand jury indictment be kept in secret until the defendant or defendants are in custody.

The grand jury may issue an indictment if six members of the grand jury agree. It must be signed by the foreman or deputy foreman. Or the grand jury may vote a “no bill,” which means no formal action will be taken. With the prosecutor’s permission the grand jury may issue a report on the case.

A grand jury may not serve more than 18 months. A circuit judge can dismiss the grand jury sooner.

Arraignment is the procedure by which the defendant is brought before the court to enter a plea to the criminal charges. The indictment is read or the substance of the charge is stated. 

The defendant is informed of the elements of the alleged offense, the maximum possible punishment, his or her constitutional and statutory rights, and the various pleas that are permitted.

The court calls upon the defendant to enter a plea. Pleas permitted include not guilty, not guilty and not guilty by reason of insanity, guilty, nolo contendere (no contest), or guilty but mentally ill.

A factual basis for the plea of guilty is required before the court can accept it. The court must inquire and determine whether the plea is voluntary, and knowingly and intelligently made. Disclosure of a plea bargain, if any, is required.

At the arraignment, or as soon thereafter as possible, the court may set a time for making pre-trial motions. The motions may be oral or in writing.

Some motions are required before trial.

• Defenses or objections based upon defects in instituting the prosecution.
• Defenses and objections based on prior conviction or acquittal of the charges, such as double jeopardy.
• Defenses and objections based on defects in the indictment or information.
• Motions to suppress evidence.
• Requests for discovery.
• Requests for severance of the charges or for severance of the trials of several defendants.

Other motions may include a request for a change of venue, which means moving the trial to another location. This motion usually is based upon prejudice against a defendant because of pre-trial publicity. News stories, taped broadcasts or film footage may be subpoenaed to demonstrate the type of publicity.

Defense lawyers may make motions in limine to limit the use of certain specified evidence at trial.

The right to a jury is established in the United States Constitution and in the South Dakota Constitution.

When the possible punishment upon a finding of guilty is 30 days or less, and the court informs the defendant at arraignment that no jail time will be imposed upon a finding of guilty, there is no right to a jury trial. The matter is tried to the court.

With the approval of the court and the consent of the prosecutor, a defendant may waive his right to a jury trial.

All citizens of the state, registered to vote, of sound mind, able to read, write and understand English, are competent to sit as jurors.

Supreme Court justices, judges and convicted felons are not allowed to serve as jurors.

Jurors are drawn randomly from a master jury list compiled from the precinct voter registration lists. The selection process can be subject to challenge because of irregularities in the selection process, because of racial or gender discrimination in the process or other challenges brought by the prosecution or defense attorney.

Separate ballots containing the names of each person summoned to be a juror are placed in a container. The clerk draws out of the container a suitable number of ballots to form the jury. The random selection of names may also be performed electronically. 

Two different approaches can be used to pick a jury. In the first, 12 jurors are seated and questioned by the attorneys. Each juror challenged is then replaced and the new juror is questioned. The process continues until 12 jurors are selected.

In the second method a number of jurors, including a number equal to the number of peremptory challenges, are drawn. Each juror challenged is then replaced and a new juror is called. Each lawyer then strikes a specified number of jurors until 12 are seated.

Challenges for cause are allowed if the juror is not qualified to serve because he is a judge or for some other legal reason. Or a juror may be challenged if he or she shows actual or implied bias, if he or she has made a decision on the innocence or guilt of the defendant, or if the juror is related to a party in the lawsuit.

Peremptory challenges are the removal of a juror for no reason at all. If the defendant faces a sentence of life in prison or the death penalty, each side has 20 peremptory challenges. In all other felony cases, there are 10 peremptory challenges for each side.

In misdemeanor cases each side gets three peremptory challenges.

Upon a showing of good cause the court can increase the number of peremptory challenges.

Once the jury is seated the trial moves on to the reading of the indictment or information and the statement of the plea by the defendant.

Then the lawyers make their opening statements. The prosecutor is required to make an opening statement. The defense attorney may then make his opening statement or reserve it until after the state has presented its case. The defense need not make an opening statement at all.

No argument is allowed in opening statements. It is a summary of what the party believes the evidence will show.

The prosecution presents its case first, followed by the defendant’s evidence. Rebuttal evidence is then allowed. 

After all the evidence has been presented the lawyers and the judge will settle on instructions to the jury. Attorneys and the judge meet to discuss the law of the case, review the judge’s drafted instructions, make corrections and objections to them and then decide which are the final instructions.

Instructions are read to the jury, followed by final arguments by the lawyers. The prosecution is allowed to go first, and then the defense. The prosecution is allowed rebuttal, because it has the burden of proof.

The jury retires to deliberate. When the verdict is received the parties are called back into the courtroom and the verdict is read in open court.

In South Dakota, occasionally the sentence given someone convicted of a crime is not the sentence he or she will serve.

The law includes a section called “relief from judgment,” which allows a judge to change a sentence for up to two years after final judgment. Under some circumstances, he or she may also wipe out the judgment, order a new trial or take additional testimony and enter a new judgment. A judge can change the sentence without a request from either side, but the victim needs to be notified if the defendant’s sentence is going to be reduced. 

The court has statutory authority to suppress certain information during the prosecution of criminal cases. Such suppression is known as a gag order. Here are the South Dakota laws that apply:

23A-6-22. Suppression of names and details in rape, incest, or sexual contact prosecution. Upon the request of the victim or the accused in a prosecution for rape, incest, or sexual contact, the court shall order that the names of the victim and the accused and details of the alleged offense be suppressed until the accused is arraigned, the charge is dismissed or the case is otherwise concluded, whichever occurs first.

23A-24-6. Minor’s testimony as to sexual offense involving child / open only to certain persons / exception for grand jury proceedings. Any portion of criminal proceedings, with the exception of grand jury proceedings, at which a minor is required to testify concerning rape of a child, sexual contact with a child, child abuse involving sexual abuse or any other sexual offense involving a child may be closed to all persons except the parties’ attorneys, the victim or witness assistant, the victim’s parents or guardian and officers of the court and authorized representatives of the news media, unless the court, after proper hearing, determines that the minor’s testimony should be closed to the news media or the victim’s parents or guardian in the best interest of the minor.

26-7A-36. Juvenile hearings closed unless court compelled otherwise. All hearings in actions under this chapter and chapters 26-8A, 26-8B and 26-8C are closed unless the court finds compelling reasons to require otherwise. However, all pleadings and hearings shall be open and a matter of public record if a juvenile is summoned into court for an offense which if committed by an adult would constitute a crime of violence as defined in 22-1-2(9) or a crime involving a drug offense in violation of 22-42-1 or 22-42-3, and at the time of the offense the juvenile was sixteen years of age or older.

26-7A-38. Protection of identity of witnesses / violation creates cause of action for civil damages / contempt. The name, picture, place of residence, or identity of any child, parent, guardian, custodian or any person appearing as a witness in proceedings under this chapter or chapter 26-8A, 26-8B and 26-8C may not be published or broadcast in any news media, nor given any other publicity, unless for good cause it is specifically permitted by order of the court. Violation of this section creates a cause of action for civil damages on behalf of the child and is subject to the same punishment as contempt of court.

South Dakota’s courts are organized under the Unified Judicial System. The top state court is the Supreme Court, made up of five justices appointed by the governor for eight-year terms.After his or her first three years on the court, a justice is put on the statewide ballot so voters can decide whether he or she should be retained. The retention elections come every eight years after that. If the justice loses the retention election, the governor would appoint a new justice.Although voters statewide can cast ballots in a retention election, each justice is still appointed to represent one of five Supreme Court districts in the state. This ensures a statewide geographic distribution of justices on the court.Below the Supreme Court are the seven circuit courts in South Dakota. Each circuit has a presiding judge. The central office for the Unified Judicial System is at the Capitol Building in Pierre, where a staff headed by the state court administrator handles the court system budget, personnel, record-keeping and other functions.South Dakota has no intermediate appeals court. All cases appealed from circuit court end up in the state Supreme Court for consideration.Here are the counties in each circuit:

1. Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, McCook, Turner, Union, Yankton
2. Lincoln, Minnehaha
3. Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld, Kingsbury, Lake, Miner, Moody, Sanborn
4. Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, Ziebach
5. Brown, Campbell, Day, Edmunds, Faulk, Marshall, McPherson, Roberts, Spink, Walworth
6. Bennett, Gregory, Haakon, Hughes, Hyde, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp
7. Custer, Fall River, Oglala Lakota, Pennington

Felonies:

The following South Dakota statutes list the maximum penalties for various classes of crimes:

22-6-1. Except as otherwise provided by law, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:

(1) Class A felony: death or life imprisonment in a state correctional facility. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed;

(2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed;

(3) Class C felony: life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed;

(4) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed;

(5) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed;

(6) Class 3 felony: fifteen years imprisonment in a state correctional facility. In addition, a fine of thirty thousand dollars may be imposed;

(7) Class 4 felony: ten years imprisonment in a state correctional facility. In addition, a fine of twenty thousand dollars may be imposed;

(8) Class 5 felony: five years imprisonment in a state correctional facility. In addition, a fine of ten thousand dollars may be imposed; and

(9) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both.

If the defendant is under the age of eighteen years at the time of the offense and found guilty of a Class A, B, or C felony, the maximum sentence may be a term of years in a state correctional facility, and a fine of fifty thousand dollars may be imposed.

The court, in imposing sentence on a defendant who has been found guilty of a felony, shall order in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.

Nothing in this section limits increased sentences for habitual criminals under 22-7-7, 22-7-8, and 22-7-8.1.

22-6-1.1. If a person is convicted of a Class 5 or Class 6 felony, the court may sentence the person so convicted to imprisonment in the county jail of the county where such person was convicted, for a term of not more than one year.

22-6-1.2. If an adult has a previous conviction for a felony sex crime as defined by 22-24B-1, any subsequent felony conviction for a sex crime as defined by subdivisions 22-24B-1(1) to (15), inclusive, and (19) shall result in a minimum sentence of imprisonment equal to the maximum term allowable under 22-6-1, up to twenty-five years. The court may suspend a portion of the prison sentence required under this section.

22-1-1.3. The penalty of life imprisonment may not be imposed upon any defendant for any offense committed when the defendant was less than eighteen years of age.

Habitual offenders:

22-7-7. One or two prior felony convictions--Sentence increased--Limitation--Felony determination.

If a defendant has been convicted of one or two prior felonies under the laws of this state or any other state or the United States, in addition to the principal felony, the sentence for the principal felony shall be enhanced by changing the class of the principal felony to the next class which is more severe, but in no circumstance may the enhancement exceed the sentence for a Class C felony. The determination of whether a prior offense is a felony for purposes of this chapter shall be determined by whether the prior offense was a felony under the laws of this state or under the laws of the United States at the time of conviction of such prior offense. For the purpose of this section, if the principal felony is not classified it shall be enhanced to the class which has an equal maximum imprisonment. For the purposes of this section, if the maximum imprisonment for the principal felony falls between two classifications, the principal felony shall be enhanced to the class which has the less severe maximum authorized imprisonment.

22-7-8. Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence.

If a defendant has been convicted of three or more felonies in addition to the principal felony and one or more of the prior felony convictions was for a crime of violence as defined in subdivision 22-1-2(9), the sentence for the principal felony shall be enhanced to the sentence for a Class C felony.

22-7-8.1. Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.

If a defendant has been convicted of three or more felonies in addition to the principal felony and none of the prior felony convictions was for a crime of violence as defined in subdivision § 22-1-2(9), the sentence for the principal felony shall be enhanced by two levels but in no circumstance may the enhancement exceed the sentence for a Class C felony. A defendant sentenced pursuant to this section is eligible for consideration for parole pursuant to § 24-15A-32 if the defendant receives a sentence of less than life in prison.

22-7-9. Criteria for consideration of prior convictions.

No prior conviction may be considered under either § 22-7-7 or 22-7-8 unless the defendant was, on such prior conviction, discharged from prison, jail, probation, or parole within fifteen years of the date of the commission of the principal offense. Moreover, only one prior conviction arising from the same transaction may be considered.

22-7-11. Habitual criminal information--Filing--Contents--Proof.

Any allegation that a defendant is an habitual criminal shall be filed as a separate information at the time of, or before, arraignment. However, the court may, upon motion, permit the separate information to be filed after the arraignment, but no less than thirty days before the commencement of trial or entry of a plea of guilty or nolo contendre. The information shall state the times, places, and specific crimes alleged to be prior convictions and shall be signed by the prosecutor. An official court record under seal or a criminal history together with fingerprints certified by the public official having custody thereof is sufficient to be admitted in evidence, without further foundation, to prove the allegation that the defendant is an habitual criminal.

Misdemeanors:

22-6-2. Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:

(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both;

(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.

The court, in imposing sentence on a defendant who has been found guilty of a misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.

Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.

South Dakota law provides for execution by lethal injection in first-degree murder cases if at least one aggravating circumstance is found to exist beyond a reasonable doubt. If the jury in a capital case recommends the death penalty, the judge is required by law to impose it. 

Death penalty cases are automatically reviewed by the South Dakota Supreme Court, which can affirm the sentence or require the trial judge to impose a new sentence.

Once the death penalty is settled, the judge must choose the week in which the sentence will be carried out and inform the penitentiary warden. The sentenced person must be held in solitary confinement in the penitentiary while awaiting the execution. No person may have access to the condemned person without an order of the court, except for his lawyer, doctor, clergy and members of his family.

Notice of the death penalty also must be given to the governor, who can take up to 90 days to investigate the situation. If the defendant appears to be mentally ill, the governor must order a commission of doctors to examine him or her. 

If the defendant is found to be mentally incompetent, he or she will be confined in the state human services center and the case reviewed every six months until he or she is no longer incompetent. At that time the execution can proceed.

If a female defendant is pregnant the execution will be held up until the defendant is no longer pregnant.

The death penalty may not be imposed upon a person who was mentally disabled at the time the crime was committed.

Once the way is cleared for the execution to take place, the governor or the court will again set the week for the execution. The time of the execution within such week is left to the discretion of the warden. No less than 48 hours before the appointed time the warden must make a public announcement of the day and hour set for the execution.

The lethal injection must be given at some location within the grounds of the state penitentiary. The law prescribes an ultrashort-acting barbiturate in combination with a chemical paralytic agent administered intravenously. The person giving the IV must be trained but need not be a doctor or nurse, and the law says no prescription is required to obtain the drugs from a pharmacy.

The warden will give at least two days’ notice to the following people, asking them to appear at the execution: the attorney general, the trial judge who handed down the sentence, the state’s attorney and sheriff of the county where the crime was committed and not more than 10 citizens, including at least one member of the news media. The warden also will call for the attendance of three doctors and any guards or peace officers he deems proper.

The defendant may request the presence of no more than two members of the clergy and not more than five relatives or friends.

No one else can attend. No one under age 18 shall be permitted, unless a relative, and no relatives of tender years shall be admitted.

The time set by the warden for the execution must be kept secret. The warden can tell the persons he has invited, but they must keep the time secret from others under penalty of a Class 2 misdemeanor.

Immediately after the execution the doctors present must conduct a post-mortem examination of the body and issue a report in writing. The body will be buried in a local cemetery unless it is claimed by relatives.

Not all documents in court files are available to the public; some have limited access according to South Dakota law. Check with the clerk of court office in the county where the case is pending to find out if what you want is open for copying. There may be a fee for copies, which depends on whether you want a regular copy, a certified or authenticated copy, and how many pages there are in the document you are requesting. Generally, all requests for copying and/or searches of records must be accompanied by payment.

eCourts

eCourts (https://eCourts.sd.gov) provides summary information about cases. This includes information such as names of parties, attorneys of record, documents filed, hearings held, judgments entered, and the outcome of completed cases. The information viewed through eCourts reflects the docket entries for court records open to the public. Certain records may not be available in accordance with federal and state statutes and the rules governing the Unified Judicial System or by court order. When searching for information using eCourts, you must set up a username and password and enter the necessary name and case number search criteria. The eCourts public access solution does not include the ability to view or purchase documents. The possible presence of personally identifiable information and lack of a redaction solution prevents including this accessibility. To access documents, the public can currently utilize the public access workstations located in all courthouses.

Court dates

Go to https://ujsfindcourtdate.sd.gov to find someone’s court date in criminal or civil court.

Public Access Record Search

The Public Access Record System (PARS) reflects the docket entries in criminal, domestic protection orders, stalking protection orders and foreign protection orders. When searching for information on PARS, please enter a person’s name AND date of birth.

There will be a $20 fee for any search submitted. The fee is charged when the search is submitted and applies regardless of whether the search returns any records found for the requested search. There are two payment options:

1. Pay as you go for each search with a credit card using the “Search as Guest” option.
2. For large volume or multiple name record searches, you can use a drawdown account. To set up a draw down account or request access to an existing drawdown account, send an email to UJSPARSsupport@ujs.state.sd.us. 

If you believe you have found inaccurate information, or if you believe some information that should be included in the docket is missing, contact the appropriate clerk of court office to request a change or addition. Dockets are continuously updated during normal business hours but cannot make assurances that the latest information on orders or filings available at the clerk’s office have been recorded on the dockets.

Courthouses

If you can go to the courthouse physically, you can view the majority of documents and cases from public kiosk terminals at each courthouse and print at 20 cents a page. If you are searching for an older file that may not be scanned into the system, you would need to contact that county’s clerk of court office and request copies to see if they could scan in the file for you to view. To contact a clerk of courts office in a particular county, visit https://ujs.sd.gov/court-finder/. 

The South Dakota Supreme Court adopted a rule that allows print and broadcast media to cover all public sessions of the state Supreme Court with video cameras, still cameras, audio equipment and electronic recording devices.

Coverage is limited to two video camera operators and two still photographers in the courtroom. If additional media outlets want coverage, reporters will be expected to form a pool and share the pictures and video.

Anyone wishing to cover a Supreme Court session must notify the media coordinator, who is appointed by the high court. Notice must come 48 hours before the proceeding is set to begin, although the court could wave the 48-hour requirement for good cause.

The name of the media coordinator will be on file with the clerk of the Supreme Court. The schedule for upcoming Supreme Court hearings may be obtained from the clerk, or from the Unified Judicial System website: https://ujs.sd.gov/for-the-media/. 

If more than two still and two video cameras are planning to cover a court session, the media coordinator will be responsible for pooling arrangements so the photos, video and audio can be shared. Disputes will be settled by the media coordinator, and the justices will not be called upon to resolve such issues.

Media employees covering the high court are expected to dress neatly and inform themselves of all the rules for conduct in the courtroom. No clothing or equipment may display insignia of the media organizations.

Media personnel must be inside the courtroom, with all equipment set up, 15 minutes before the court sessions begins. They cannot move from their assigned positions during the hearing. They are not allowed to change lenses or tape, make repairs, or do anything that would disrupt the proceedings.

The high court requires that electronic equipment to be used in the courtroom be as quiet and unobtrusive as possible, without extra lights or flash. Reporters may use hand-held tape recorders for note-taking as long as they are no more sensitive than the human ear. There can be no recording of in-chambers conferences, discussions between lawyers and their clients or lawyers and judges and no photographing of materials on the tables or on the bench.

No interviews may be conducted inside the courtroom before, during or after the proceedings.

Any media personnel violating the court’s rules will be removed and denied further coverage privileges at the discretion of the court.

The justices retain the right to deny electronic coverage of a session in the interest of justice. Anyone may object to electronic coverage at least 10 days before the proceeding, but coverage will not be limited without showing good cause. If electronic coverage is denied, the media coordinator will notify the media.

The court reserves the right to obtain copies of any photos, film, or tape taken by the media. Such duplicate materials will be provided by the media free of charge.

Federal courts are organized into districts across the country. All of South Dakota is in the same district for both district court and bankruptcy court. The district is divided into four divisions based on county: 

Northern division (Aberdeen): Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, Walworth.

Central division (Pierre): Buffalo, Faulk, Hand, Hughes, Hyde, Gregory, Jerauld, Potter, Sully, Dewey, Haakon, Jackson, Jones, Lyman, Mellette, Stanley, Tripp, Todd, Ziebach.

Southern division (Sioux Falls): Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, Yankton.

Western division (Rapid City): Bennett, Butte, Custer, Fall River, Harding, Lawrence, Meade, Pennington, Perkins, Oglala Lakota.

The chief district judge currently is Judge Roberto Lange. He is joined by Judge Eric Schulte and Judge Camela Theeler as active district judges.

A federal judge is a judge for life. After reaching the rule of 80 (age plus years of service), judges can take senior status and a reduced workload. Judges on senior status are Judge Charles B. Kornmann, Judge Lawerece L. Piersol and Judge Karen Schreier. Judge Piersol will become an inactive senior judge in August 2025. 

The PACER Case Locator (PCL) is a national index for district, bankruptcy and appellate courts. The PCL serves as a search tool for PACER. You may conduct nationwide searches to determine whether a party is involved in federal litigation. Each night, subsets of data are collected from the courts and transferred to the PCL. A link to PACER can be found at the district court’s website https://www.sdd.uscourts.gov/. It is free to access the site, but you need to sign up for an account to view court files, which cost 10 cents per page. 

The U.S. District Court, District of South Dakota offers CM/ECF Media Accounts so that account holders may designate specific cases for which to receive email notices of case activity. The steps for obtaining and using a CM/ECF Media Account and other media information can be found at Media Information | District of South Dakota | United States District Court .

The district court’s local rules and standing orders can be found at https://www.sdd.uscourts.gov/court-info/local-rules-and-orders.

 The district court clerk is Matt Thelen, 605-330-6614 / matt_thelen@sdd.uscourts.gov. The clerk maintains offices in Pierre, Sioux Falls and Rapid City.

Appeals from the U.S. District Courts in South Dakota go to the Saint Louis-based 8^th U.S. Circuit Court of Appeals and eventually to the top court in the land, the U.S. Supreme Court, which decides which cases it will hear and passes on the others.

The chief bankruptcy judge is Laura Kulm Ask. The judge can hear cases in four locations: Pierre, Sioux Falls, Aberdeen or Rapid City.

The PACER Case Locator (PCL) is a national index for district, bankruptcy and appellate courts. The PCL serves as a search tool for PACER. You may conduct nationwide searches to determine whether a party is involved in federal litigation. Each night, subsets of data are collected from the courts and transferred to the PCL. A link to PACER can be found at the district court’s website https://www.sdd.uscourts.gov/. It is free to access the site, but you need to sign up for an account to view court files, which cost 10 cents per page. 

The bankruptcy court clerk is Rick Entwistle, rick_entwistle@sdb.uscourts.gov. The clerk maintains offices in Pierre and Sioux Falls.

The Administrative Office of the United States Courts maintains A Journalist’s Guide to the Federal Courts, which is a great resource. 

Here are some sections specific to South Dakota: 

Page 5, Electrictronic devices – Cellphones, laptops and tablets are not allowed in federal courts in South Dakota. 

Page 7, Clerk of court’s office – South Dakota’s clerk of court is Matt Thelen. He and his staff can answer most reporter questions. His contact information: office, 605-330-6614; cellphone, 605-553-6185; email, matt_thelen@sdd.uscourts.gov. 

Page 9, Jurors – The court does not make juror names available. 

Page 22, Courtroom audio – If a proceeding has been recorded electronically and the recording constitutes the official record, the clerk of court will arrange, upon request, to have a transcript prepared. The requesting party will be responsible for any costs and the recordings themselves will not be released. 

Page 28, Civil cases – Sometimes cases involving a crime, such as a death penalty habeas corpus appeal, are handled in federal civil court and not criminal court, so reporters covering the case will want to follow it there. One current example is Briley Piper’s case (20-5074).

American Indian tribes in the United States have their own tribal court systems, more than 250 of them nationwide. Tribal laws set the standards in tribal court, occasionally supplemented by state and federal case law. Most tribal courts provide for an appeals process. The selection of judges varies among tribes but generally consists of a chief judge and as many associate or trial judges as necessary.

The nine Sioux tribes in South Dakota all have tribal courts: Cheyenne River Sioux Tribal Court in Eagle Butte; Crow Creek Tribal Court in Fort Thompson; Flandreau Santee Sioux Tribal Court in Flandreau; Lower Brule Sioux Tribal Court in Lower Brute; Oglala Sioux Tribal Court in Pine Ridge and Kyle; Rosebud Sioux Tribal Court in Rosebud; Standing Rock Sioux Tribal Court in Fort Yates, North Dakota; Sisseton-Wahpeton Sioux Tribal Court in Sisseton; and the Yankton Sioux Tribal Court in Marty.

Federal law defines both the geographic area covered by tribal courts and who is subject to tribal court jurisdiction. Tribal courts have jurisdiction in "Indian Country," which is legally defined as all land within the reservations, all dependent Indian communities and all Indian allotments. In some cases that means the tribes have jurisdiction on land lying outside the boundaries of today's reservations.

Which crimes will be prosecuted in tribal courts has been a developing area of law since the 1800s, and it is not unusual to find cases where jurisdiction is still being debated today. In general, tribal courts do not have criminal jurisdiction to prosecute non-Indians, even if the crime happens in Indian Country. (Traffic offenses appear to be an exception.) The General Crimes Act says federal, not state, courts will prosecute non-Indians who commit crimes against Indians in Indian country. If there is no appropriate federal law to cover the crime then state law will be applied, but the case still goes before a federal judge. The state has jurisdiction when a non-Indian commits a crime against another non-Indian on the reservation. The state also has jurisdiction over Indians and others who commit crimes outside of Indian country.

In addition, Congress has listed some major crimes that are handled in federal rather than tribal courts, even when the perpetrator is Indian and the crime happens in Indian Country. Seven major crimes were listed in the 1885 law, but it has been amended over the years to include many more crimes today. Among them: murder, manslaughter, kidnapping, maiming, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery and other felonies.

This leaves tribal courts to prosecute Indian offenders for non-major crimes that happen in Indian Country. Tribal courts must protect the same civil rights as those guaranteed by the U.S. Constitution, including the right to a speedy trial, a trial by jury, protection against unreasonable search and seizure, and the right of a defendant to refuse to testify against himself. One major difference is that tribal courts are not required to pay for a lawyer when the defendant can't afford to hire his own attorney. Most tribal courts allow individuals without legal training to act as tribal advocates, providing they meet certain requirements of age and character. 

The maximum criminal sanction that can be imposed by a tribal court is one year in jail and a $5,000 fine.

All tribal courts in South Dakota have juvenile or children's courts to deal with miners. Jurisdiction in the area of civil lawsuits is less clear. Federal law does not spell out civil jurisdiction the way it does for criminal cases. However, the U.S. Supreme Court has said that tribal authority over civil matters involving non-Indians on reservations is considered an important part of tribal sovereignty. Questions remain about when the tribes themselves can be sued. In many cases the dispute over tribal jurisdiction in a civil matter can create as much argument as the original lawsuit.

All tribal courts in South Dakota offer an appeals process, whether it is through the local tribal court system or through the Northern Plains Intertribal Court of Appeals in Aberdeen.

Tribal court decisions may be found in a publication called the Indian Law Reporter, which is produced by the American Indian Lawyer Training Program in Oakland, California. South Dakota tribal courts are described in more detail in the South Dakota Tribal Court Handbook by Frank Pommersheim, a professor at the University of South Dakota Law School. The handbook is on file in the USD Law Library and copies may be obtained for a fee by calling 605-677-5363.

Rosebud Sioux Tribal Court and Court of Appeals, Rosebud, 605-747-2278 or 605-747-2279

Oglala Sioux Tribal Court, Pine Ridge, 605-867-5151 and Kyle, 605-455-2316

Oglala Sioux Nation Supreme Court, Pine Ridge, 605-867-5266

Crow Creek Sioux Tribal Court, Fort Thompson, 605-245-2325 or 605-245-2326

Cheyenne River Sioux Tribal Court and Court of Appeals, Eagle Butte, 605-964-6602

Standing Rock Sioux Tribal Court and Court of Appeals, Fort Yates, North Dakota, 701-854-7244

Lower Brule Sioux Tribal Court, Lower Brule, 605-473-5528

Yankton Sioux Tribe, Court of Indian Offenses, Wagner, 605-384-5578

Sisseton-Wahpeton Sioux Tribe, Court of Indian Offenses, Agency Village, 605-698-7629 or 605-698-7641

Flandreau Santee Sioux Tribal Court, Flandreau, 605-997-3593

Northern Plains Intertribal Court of Appeals, Aberdeen, 605-226-3165 (Appeals court for Crow Creek Tribe, Three Affiliated Tribes and the Omaha Tribe)

abet _ To incite, sanction or help.

accomplice _ A person who knowingly and voluntarily unites with the principal offender in a criminal act through aiding, abetting, advising or encouraging the offender. Mere presence, acquiescence or silence, in the absence of a duty to act, does not make a person an accomplice.

acknowledgment _ A formal declaration before an authorized official, by a person who has executed (signed) an instrument (document), that the execution of the instrument was his own voluntary act.

acquittal _ The legal certification of the innocence of a person who has been charged with a crime, setting the person free by a finding of not guilty.

administrator _ An individual appointed by the court to manage the estate (property) of a person who died without leaving a valid will. An administrator d.b.n. (de bonis non) is a person appointed to complete the administration of an estate if the original administrator did not finish it. If the deceased left a will but no executor qualified to administer the estate, an administrator c.t.a. (cum testamento annexo) is appointed.

adversary system _ A judicial system involving opposing parties, each having the right to be represented by qualified counsel, in which the party prosecuting or seeking relief has the burden of establishing his case and giving legal warning to his adversary, who is afforded an opportunity to contest the case presented.

affiant _ A person who makes and signs an affidavit.

affidavit _ A written declaration or statement of facts made voluntarily under oath, acknowledged and signed before an official with authority to administer oaths.

affirmative defense _ A defense that does not necessarily refute an allegation but offers new information that may defeat the right to recovery as a matter of law; an attack on the legal right of the plaintiff to bring the action as distinguished from an attack on the truth of the facts alleged.

allegation _ The statement of what is expected to be proved.

amicus curiae (uh-MIH-kus KYOO’-ree-ay) _ Means “a friend of the court.” A lawyer, other person or organization who is not a party to the action, but who, with the court’s permission, volunteers information and opinion upon some matter of law. Amicus curiae briefs are often filed in appellate cases.

answer _ The pleading in a civil suit by which the defendant admits, denies or otherwise responds to the allegations of facts set forth in the plaintiff’s complaint. It also contains defenses the defendant may have to the plaintiff's allegations.

appeal _ A procedure by which a party seeks a high court review of the action taken by a lower court. 

appearance _ The formal act by which a defendant submits to the jurisdiction of the court. It may be in person, by an attorney, by pleadings or a combination of these.

appellant _ The party appealing to the higher court. Often, but not always, the losing party in the lower court.

appellate court _ A court having jurisdiction to review the action taken by the lower court.

appellee _ The party against whom an appeal is taken. Often, but not always, the winning party in the lower court.

arbitration _ The referral of a dispute to an impartial third person or panel. In some instances the parties agree in advance to abide by the arbitrator’s decision following a hearing at which both sides have the opportunity to be heard.

arraignment _ A proceeding in which a defendant is brought before the court to answer to a criminal charge. The charge is read to the defendant who is asked how he or she pleads.

arrest _ To deprive a person of his liberty by legal authority. An officer must indicate his intention to take the person under actual control. No formal declaration of arrest is required.

arrest of judgment _ The act of staying (delaying) the effect of a judgment that has already been entered.

arson _ The burning of the property of another or the malicious burning of one’s own property with the intent to defraud.

Article I courts _ Courts created by Congress under Article I of the Constitution. The jurisdiction can be limited and the judges do not have lifetime appointments.

Article III courts _ Courts created by Congress under Article III of the Constitution. The judges have lifetime appointments.

assault _ A willful attack or threat to inflict injury upon another person with an apparent present ability to do so. Also any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

attachment _ An ancillary or auxiliary remedy by which the plaintiff acquires a lien upon property of the defendant to ensure the payment of a civil judgment that he expects to obtain against the defendant in the future.

bail _ The release of an arrested or imprisoned person when security (cash or property) is given or pledged to ensure his appearance at a specified date and place. In South Dakota all persons except those charged with a capital crime have a right to be released before trial on bail. The amount of bail must be reasonable and appropriate to the particular case.

bail bond _ The obligation signed by the accused or his sureties to secure his presence at trial. The bond is subject to forfeiture if the accused does not properly appear for trial.

bailiff _ Court employee whose duty is to keep order in the courtroom. Also the person(s) in charge of the jury.

bench warrant _ Order issued by a judge for the arrest of a person.

beyond a reasonable doubt _ The state must prove a criminal defendant’s guilt beyond a reasonable doubt. This means that the court or the jury must be fully satisfied, or satisfied to a moral certainty, that the defendant committed the acts alleged.

bind over _ To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a preliminary hearing finds probable cause to believe the accused committed a crime he will “bind over” the accused, normally by setting bail for his appearance at trial.

brief _ A written document prepared by counsel as the basis for argument in a case before a court. It contains a summary of the facts of the case, the pertinent laws and an argument of how the law applies to the facts supporting the attorney’s position.

burden of proof _ The duty to prove a fact in dispute. It is normally said that one of the parties has the burden of proof in establishing a particular fact. This means it is the duty of that party to introduce evidence to establish the disputed fact.

burglary _ Entering another’s house or other building with the intent to commit a crime.

capital crime _ A crime punishable by death. South Dakota law allows the death penalty for first-degree murder if a jury finds certain aggravating circumstances exist.

caveat _ Objection to the probate of a will. The challenging party is contending that the instrument in question is not the true will. It may be filed within three years after a will is offered for probate and is tried as a civil issue of fact.

certiorari (SER’-shee-eh-REHR-ee) _ A legal order by which a higher court commands a lower court to certify or to send up a record of a trial or other proceedings in the lower court for the purpose of judicial review. The reviewing court has the discretion to issue or deny a petition for a writ of certiorari. But in South Dakota, the state Supreme Court reviews all cases appealed from the circuit court.

challenge for cause _ An objection to a prospective juror based on bias or prejudice that may prevent him from being fair and impartial in a particular case. If the judge agrees that there is reason to believe that the person will not be a satisfactory juror, he will remove that person from consideration. Each side has an unlimited number of challenges for cause.

challenge to the array _ Questioning the qualifications of an entire jury panel, usually on the grounds of some legal fault in the composition of the panel, for instance racial discrimination.

chambers _ Any place where a judge hears motions, signs papers or conducts other business pertaining to his office when he is not presiding over a session of court. This is usually a private room or office of the judge in the courthouse.

change of venue _ Change in the location of a trial, granted by the court, usually to ensure a fair trial. It is generally requested and granted where there is some indication that the parties in a case cannot receive a fair trial in the county of origin. For example, if a certain case has gotten a lot of media coverage, the parties involved may want a change of venue. 

character evidence _ Testimony of witnesses who know the general character and reputation of a person in the community in which he lives. It may be considered by the jury: 1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime, and 2) as corroborative evidence in support of a witness’s testimony as bearing upon his credibility.

circumstantial evidence _ All evidence of an indirect nature. A court or jury may from circumstances (known or proved) infer a principal fact. See direct evidence.

citation _ An order to appear in court at a certain time and place. A citation is not a warrant, and failure to comply with it is not a crime. Citations are issued for most minor traffic offenses. They become warrants after a magistrate takes the law enforcement officer’s oath to the offense listed in the citation. See warrant.

civil action _ An action between two or more private parties. 

class action _ An action where a large group of persons is interested in a matter. One or more may sue or be sued as representatives of the class without the need to join every member of the group.

clerk of court _ An officer of a court who supervises the court’s clerical functions, keeps records, issues processes and enters judgments and orders.

codicil _ A supplement, addition or postscript to a will.

common law _ The body of legal principles that derives its authority from usages and customs of ancient times or from the judgments and decrees of courts recognizing, affirming and enforcing such usages and customs. It is to be distinguished from statutory law, which is enacted by a legislative body.

commutation _ The change of a sentence from a greater to a lesser one, as from death to life in prison. In South Dakota, only the governor has the power to commute a sentence.

competency _ Legal capacity to testify in court. See incompetent.

complaint _ The pleading that when filed commences the litigation in a civil case. It contains the allegations and request for relief and/or recovery of money by the plaintiff.

complainant _ Synonymous with “plaintiff.” The party bringing the action. It applies to civil actions only, although in criminal actions the chief prosecuting witness may sometimes be referred to loosely as the complainant.

concurrent jurisdiction _ The power of more than one court to exercise jurisdiction over the same subject matter. The first court that takes the case obtains jurisdiction to the exclusion of the other courts.

concurrent sentences _ Sentences for two or more crimes ordered by the judge to be served at the same time rather than one after the other.

condemnation _ The legal process by which private property is taken for public use without the owner’s consent upon payment of just compensation.

consecutive sentences _ Successive sentences imposed against a person convicted of two or more crimes. One sentence begins at the end of another.

contempt of court _ Any act calculated to embarrass, hinder or obstruct a court in the administration of justice or calculated to lessen its authority or dignity. Contempts are of two kinds: direct and indirect. Direct contempts are committed in the immediate presence of the court and may be punished summarily by the court without a jury trial. Indirect contempt usually embraces a failure or refusal to obey lawful order of the court.

continuance _ Postponing a pending court action to a later time. 

contract _ A legally binding agreement between two or more parties. A contract may be written or spoken.

contributory negligence _ Negligence on the part of the plaintiff who is seeking to recover for injuries sustained as a result of the defendant’s negligence. If alleged and proved by the defendant, contributory negligence bars recovery by the plaintiff. This type of negligence is in contrast to comparative negligence, wherein the negligence of the parties is compared and recovery permitted when the negligence of the plaintiff is slight and the negligence of the defendant is gross.

corpus delicti (KOR-pus deh-LIK-ti) _ The body (material substance) upon which a crime has been committed, such as the corpse of a murdered man or the charred remains of a house burned by an arsonist.

corroborating evidence _ Evidence supplementary to that already given and tending to strengthen or confirm it.

costs _ Charges required by law to be paid to the court for the expenses of the litigation. Costs in a criminal case do not constitute part of the sentence or punishment but are in addition to it.

court of record _ A court in which the proceedings are recorded and maintained as permanent records. Such records are absolute proof of what occurred in that court. In South Dakota every court is a court of record, except those with a magistrate presiding who is not law-trained.

crime _ An act that a legislative body declares contrary to law. Usually a punishment is provided, upon conviction. See felony and misdemeanor.

criminal action _ An action taken by the government against a private party, usually because a law has been violated. 

criminal insanity _ The mental condition that makes a person not legally responsible for his acts. In South Dakota the test used to determine criminal insanity is whether the person can distinguish right from wrong.

criminal summons _ An order commanding an accused to appear in court. It may be issued in lieu of an arrest warrant for misdemeanors when the issuing official believes the accused will appear in court without being placed under arrest.

cross-examination _ The questioning of a witness in a trial or other adversary proceeding by the party opposing the one who first called the witness.

damages _ Money that may be recovered by the plaintiff for injury to his person or loss or damage to his property or rights as a result of the unlawful act or negligence of the defendant.

de novo _ Anew, afresh. A “trial de novo” is the retrial of a case, usually as the result of an appeal. The result of the first trial is immaterial.

declaratory judgment _ A judicial decision that declares the rights of the parties. Such judgments have the force and effect of a final judgment or decree. It is distinguished from the usual form of judgment in that it does not seek execution or performance from anyone.

decree _ A decision or order of the court. A final decree fully and finally disposes of the litigation, subject only to appeal to an appellate court. An interlocutory decree is provisional or temporary.

default _ A default occurs when a party fails to plead or to take other required steps within the time allowed or fails to appear at the trial.

defendant _ The party who is sued or charged.

deposition _ The recorded testimony of a person taken under oath before trial for the purpose of discovering facts and information to be used at trial to impeach the testimony of a witness or to be introduced in lieu of a witness’s testimony if such witness is absent for an acceptable reason.

direct evidence _ Evidence that tends directly to prove or disprove a disputed fact, as distinguished from circumstantial evidence from which an inference can be drawn. An example of direct evidence is eye-witness testimony.

direct examination _ The interrogation of a witness by the party who called him to testify.

directed verdict _ Result decided by the judge when he or she withdraws disputed issues from the jury’s consideration. Judgment is entered for the prevailing party.

discovery _ A process in which a party will be informed of any facts known by the other parties or witnesses.

dismissal _ An action that disposes of a case without a trial taking place.

dismissal with leave _ Dismissal of a criminal action by prosecutor for failure of defendant to appear. The case may be reopened at any time.

dismissal without prejudice _ A dismissal of a case that permits the complainant to sue again on the same cause of action within a year.

dissent _ Disagreement by one or more judges of an appellate court with the decision of the majority of the court. Dissenting judges often file dissenting opinions in which they explain why they disagree with the majority.

docket _ A book containing entries of all the important acts done in court in the conduct of each case from its inception to its conclusion. The term “docket” or “trial docket” also refers to the list or calendar of cases to be tried at a specified term. The docket is prepared by the court clerks for use by judges and attorneys.

double jeopardy _ The rule stating that a party cannot be prosecuted for the same crime twice.

due process _ The guarantee that each person has the benefit of a fair trial.

embezzlement _ The fraudulent taking by a person for personal use or benefit the property or money entrusted by another.

eminent domain _ Power of the government to take private property for public use upon payment of just compensation. See condemnation.

enjoin _ To order a person to perform or to abstain and desist from performing a specified act or course of conduct. See injunction.

entrapment _ The act of government officers or agents inducing a person to commit a crime with the intent of charging that person with the crime.

evidence _ Testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

escheat (ehs-CHEET) _ In American law, the right of the state to an estate to which no one is able to make a valid claim.

estoppel _ A person’s own act or acceptance of facts that precludes his later asserting a contrary circumstance that would be detrimental to another party who relied on the act of acceptance.

ex contractu _ Arising from a contract.

ex delicto (ex deh-LIK-toh) _ Arising from a wrong.

ex parte (ex PAR-tay) _ By or for a single party; done for, on behalf of or on the application of one party only, as distinguished from an adversary (contested) proceeding. An ex parte order is an order that is issued without notice to an adversary.

ex post facto _ After the fact; an act or fact occurring after some previous act or fact and relating to it.The Constitution prohibits the enactment of ex post facto laws, that is laws that permit conviction and punishment for an act performed before the law was passed.

execute (a judgment or decree) _ To put the final judgment of the court into effect.

executor (executrix, female) _ A person named in a will to administer the estate of the deceased person.

exhibit _ A paper or document or other physical object introduced into evidence during a trial or hearing.

expert witness _ Testimony given by somebody who is not personally involved with the trial, but is qualified to speak about scientific, technical or professional information.

extradition _ Surrender by one state of an individual accused or convicted of an offense to another (the receiving) state. When a defendant charged with a felony flees to another state, the prosecuting attorney may apply to the governor to “requisition” the accused from the foreign jurisdiction so he may be tried in South Dakota.

felony _ A more serious crime than a misdemeanor, generally punishable by death or imprisonment.

fiduciary _ A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other’s benefit, such as a guardian, trustee or executor.

fine _ A monetary penalty imposed in a criminal or civil action.

forgery  _ The false making or material altering, with intent to defraud, of any writing which, if genuine, might be the foundation of a legal liability.

gag order _ South Dakota law gives judges the power to suppress certain information in cases involving sex crimes or juveniles. Judges also have discretionary power to command attorneys and others involved in a court case not to give interviews or discuss the case publicly.

garnishment _ The taking of wages or property by the courts to pay a person’s debtors.

grand jury _ The group of people who hears evidence and decides whether there is enough evidence to try an accused for a serious crime. This process, called “indictment” is a prerequisite to trial in circuit court unless waived. All federal grand juries and some special state grand juries also have investigative powers. 

guardian ad litem (ad LY-tehm) _ A court-appointed fiduciary charged with representing the interests of a child or incompetent person in a court proceeding. The guardian relationship terminates when the litigation is finally resolved.

guilty but mentally ill _ A plea allowed under South Dakota law in which the defendant admits the crime but seeks special treatment because he claims he was mentally ill when the crime was committed. NOT the same as innocent by reason of insanity. In order for a jury to find a person guilty but mentally ill they must find: A, That the defendant was guilty of the crime; B, That the defense failed to prove the defendant was insane at the time of the crime; and C, That beyond a reasonable doubt the defendant was mentally ill at the time.

habeas corpus (HAY-bee-uhs KOR-puhs) _ A writ (order) to bring a person before the court. In most common usage, the writ is directed to a warden or jailer commanding him to produce a prisoner or person detained so that the court may determine whether such person is lawfully confined.

harmless error _ An error committed by a lower court but determined by an appellate court not to be prejudicial to the rights of the party affected and therefore furnishing no basis for reversal of the lower court’s judgment.

hearsay _ Evidence that is not within the personal knowledge of the witness but was related to the witness by a third party.

holographic will _ A will written in a person’s own handwriting. Valid in South Dakota if the document and the signature are in the person’s handwriting. It does not have to be signed by witnesses.

homicide _ A legal term for a killing or slaying. Not a criminal charge.

hostile witness _ A witness who manifests hostility or prejudice against the party who called him. On direct examination the calling party may be permitted to question such a witness as if he had been called by the opposing party.

hung jury _ A divided jury that cannot agree upon any verdict.

immunity _ A grant by the court against prosecution in return for providing criminal evidence against another.

impeach _ To attack the credibility of a witness by the testimony of other witnesses or by other evidence.

implied contract _ A contract in which the agreement is understood without being spelled out.

in camera _ The judge examines evidence in his or her chambers to determine its admissibility in the trial.

inadmissible _ Evidence that cannot be brought into court because it would violate established rules.

incompetent evidence _ Evidence that is not admissible under the rules of evidence.

incompetent _ A person lacking the capacity, legal qualification, or fitness to manage his own affairs or to discharge a required duty. A guardian may be appointed to conduct the affairs or protect the interests of an incompetent.

indemnify _ To make good or compensate or reimburse one for a loss already incurred by him or her.

indeterminate sentence _ A sentence of imprisonment to a specified minimum and maximum period of time. The commissioner of correction may discharge the prisoner after he has served the minimum term.

indictment _ A written accusation made by the grand jury charging that a person named therein has committed a crime. 

indigent _ A person who is without funds or ability to hire a lawyer to defend himself.

information _ An accusation of a criminal offense filed after a preliminary hearing and similar to an indictment except that it is not presented to the grand jury. It may not be used in a capital case. In a non-capital felony case, when indictment is waived, trial is based on an information.

infraction _ A noncriminal violation of law not punishable by imprisonment and carrying a penalty of not more than $100. Minor traffic offenses are generally considered infractions.

injunction _ A court order directing a person to refrain from doing some act or (occasionally) affirmatively to do an act. See enjoin.

instruction _ A direction given by the judge to the jury concerning the law of the case that the jury is hearing. Also designated a “charge.”

intent, criminal _ Intent in law is the exercise of intelligent will in which the mind is fully aware of the nature and consequences of the act that is about to be done and, with such knowledge and with full liberty of action, the person willingly elects to do the act. A criminal intent must be accompanied by an overt act or an intentional attempt to constitute a crime. 

interlocutory (in-ter-LAHK-yoo-tory) _ Provisional; temporary. Often used in reference to a court order that is not final. Something dealing with a point or matter during the course of an action, but which does not make a final determination of the whole controversy.

intermediate _ Imposed during the progress of a suit or action, between the beginning and end. Intermediate orders of the circuit court may be appealed to the State Supreme Court.

interrogatories _ Written questions prepared by one party and served on an adversary who must provide written answers under oath.

intervention _ Procedure in a suit or action by which the court permits a third person to intervene and become a party.

intestate (in-TES-tate) _ Person who dies without leaving a will.

irrelevant _ Evidence that does not pertain to the case.

jeopardy _ The peril in which an accused is placed when he is properly charged with a crime before a court. Jeopardy normally attaches when the petit jury is impaneled. After such time the accused may not ordinarily be released and tried at a later date for the same offense. See double jeopardy.

judge’s charge _ Summary of the evidence and explanation of the applicable law given by the judge to the jury after the evidence is concluded and the lawyers have finished their arguments. The judge also explains the permissible verdicts that the jury may return. See instruction.

judgment _ In a civil case, the official decision of a court determining the rights of the parties involved. In a criminal case it includes the pronouncement of guilt and unless the defendant has been acquitted, the sentence.

judgment nisi _ A temporary judgment. Unless the defendant appears within a designated period and shows why the judgment should not be made permanent, the judgment will be made absolute.

judgment suspended _ The judge does not enter a sentence and the defendant may go on his way. During the period of the suspension the judge may terminate the suspension for a violation of a condition attached to the defendant’s release and enter a sentence. This is distinguished from a “suspended sentence” in which a sentence is entered but its execution is suspended for a period upon payment of a fine or upon the good behavior of the defendant or both.

jurisdiction _ The authority or power of a court to affect the legal interests of persons or things. Jurisdiction over the person involves the geographical relationship of the court to the person and requires proper notice and appearance of the person before the court. Jurisdiction over the subject matter relates to the authority of the court, as derived from the Constitution and laws, to determine the type of offense being tried or civil matter being litigated and to determine guilt, innocence or other rights of the parties involved.

jury _ Group of people selected to declare truth of evidence. See grand jury and petit jury.

jury instructions _ After evidence is concluded and before lawyers give closing arguments in a trial, the judge explains the laws that apply to the case. The judge also explains the permissible verdicts that the jury may return. See judge’s charge.

jury nullification _ A decision by a jury that is contrary to the outcome provided by law. Usually a jury’s acquittal of a person despite substantial evidence to prove the charge against him, based on the jury’s disagreement with the law.

leading question _ A question so worded that the desired answer is suggested to the witness, particularly when it may be answered by “yes” or “no.” Leading questions are proper on cross-examination but normally are prohibited on direct examination unless the witness is hostile.

lesser included offense _ An offense composed of some, but not all, of the elements of the greater crime, and which does not have any element not included in the greater offense.

levy _ A seizure; the act of appropriating certain property of the debtor for the satisfaction of a judgment for the payment of money.

libel _ Any material that damages the reputation of a person.

lien _ A claim that a person has upon the property of another as security for a debt owed to the lienholder.

limitation, statute of _ A certain time allowed by statute after an act giving rise to liability in which litigation or prosecution must be started. In civil cases, the allowable period varies, depending on the action or subject involved. In misdemeanor cases the limit is two years. In felony cases there is no time limit.

lis pendens (lis PEN-denz) _ A pending suit. A legal notice to all the world that a dispute exists that may affect the title to a certain tract of land.

locus delicti (LOH-kuhs deh-LIK-ti) _ The place of the offense.

magistrate _ An officer of the circuit court. Magistrates have power to try certain small-claim actions and are authorized to accept guilty pleas to certain minor traffic and other criminal offenses. Magistrates also issue warrants, set initial bonds and order initial commitments to jail. Magistrates’ powers also include various civil functions, such as marriage ceremonies.

malfeasance _ Evil doing. Ill conduct. The commission of some act which is positively prohibited by law.

malicious prosecution _ An action instituted with intention of injuring the defendant and without probable cause and which terminates in favor of the person prosecuted.

mandamus _ A writ issued by the court that commands a public or quasi-public official to perform an act or enforce legal rights that the law imposes on the official. Mandamus is generally not available to compel the performance of discretionary acts as distinguished from ministerial acts.

mandate _ An official command to enforce a judgment.

manslaughter _ The unlawful killing of another without malice; may be either voluntary, upon a sudden impulse, or involuntary in the commission of some unlawful act.

material evidence _ Evidence that is relevant and pertains to the issues in dispute.

mens rea _ Literally “guilty mind.” The criminal intent to commit an act that is morally wrong, such as murder or larceny. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, such as overtime parking.

Miranda Rule _ Prior to any questioning initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his freedom, the person must be warned: 1) that he has a right to remain silent; 2) that any statement he does make may be used as evidence against him; 3) that he has a right to the presence of an attorney; 4) that if he cannot afford an attorney, one will be appointed for him prior to any questioning.

misdemeanor _ Any crime less serious than a felony. It is punishable by not more than one year in jail.

mistrial _ An invalid trial, so declared by the trial judge when the trial cannot stand due to an incurable error or omission of some fundamental aspect of due process. Examples are an improperly influenced jury, incapacity of the judge or misconduct by the parties or counsel. A mistrial is followed by a completely new trial.

mitigating circumstance _ One that does not constitute a justification or excuse of an offense but that may be considered as reducing the degree of moral culpability.

moot _ Undecided. An issue that no longer has significance.

motion in limine _ A written motion that is usually made before or after the beginning of a jury trial for a protective order against unduly prejudicial evidence.

motion to dismiss _ A motion by the defendant that the court dismiss the plaintiff’s lawsuit for failure of the complaint to state a claim upon which relief can be granted. The motion is used in other contexts of litigation as well; for example, for failure of the plaintiff to comply with rules of pleading required by statute or orders of court, a defendant may move for dismissal of an action or claim against him.

motion to quash _ A motion by the defendant who contends that a warrant or indictment must be dismissed for a fatal defect, such as failing to charge a crime or naming the wrong person. If the motion is allowed, the indictment is “quashed” or voided. The accused may be required to post bond for a later session of court when a new grand jury can correct the defect in the first paper or when a new bill of indictment may be submitted to the grand jury.

multiplicity of actions _ Two or more separate (and unnecessary) attempts to litigate the same cause of action.

murder _ The malicious and intentional killing of another person. See homicide.

negligence _ Failure to do something that would ordinarily be done, or the doing of something that is not ordinarily done. To be actionable such omission or commission must result in harm to another.

nolle prosequi (NOH-lay PROH-say-kee) _ When the prosecutor decides to go no further with prosecution of a particular defendant, he announces a nolle prosequi. A “nol. pros.” is sometimes taken “with leave” so that the prosecutor may reopen the case against the defendant at a later date. This device may not be used to deny the defendant’s constitutional right to a speedy trial. A simple nol. pros. without leave usually means the end of the matter because the case cannot be reopened without the judge’s permission.

nolo contendre (NOH-loh kuhn-TEN-deh-ray) _ A plea of “I will not contest.” It is comparable to a plea of guilty in authorizing the court to punish the defendant, but it does not establish guilt for any other purpose. In a civil case, the plea of nolo contendere to an earlier criminal action based on the same facts cannot be admitted in evidence to prove that the defendant committed the act alleged in the warrant or indictment.

non obstante veredicto (nahn uhb-STAN-tay ver-uh-DIK-toh) (notwithstanding the verdict) _ A judgment entered by the judge contrary to a jury’s verdict. The judge considers that the pleadings and evidence indicate that a party was entitled to have his motion for a directed verdict granted. The issue should have never been submitted to the jury. The judge therefore enters a judgment that is required as a matter of law, even though contrary to the jury’s verdict.

not a true bill _ A finding by a grand jury on an indictment that, in the jury’s opinion, the evidence is insufficient to justify trying the defendant for the crime set out in the indictment.

nuncupative will _ A will made by a person who is in his last sickness or in imminent peril of death and does not survive such sickness or peril; and declared to be his will before two competent witnesses simultaneously present and requested by him to bear witness.

objection _ A formal disapproval or exception to some statement or procedure during the trial. An attorney objects to call the court’s attention to what he believes is improper evidence or procedure.

opinion evidence _ What the witness thinks, believes or infers with respect to certain facts, as distinguished from his personal knowledge of the facts.

overt act _ An act essential to establishing an intent to commit a crime and done to carry out or in furtherance of the intention. It must be an act that would naturally result in the commission of the crime unless prevented by some extraneous circumstances.

panel _ A list of potential jurors.

parole _ The conditional release from prison of a convict before the expiration of his sentence. If he observes the stipulated conditions the parolee (the released person) need not serve the remainder of his sentence. The parolee is under the supervision of a state parole officer during the period of parole.

parties _ People actively involved in a legal proceeding.

peremptory challenge _ A party is privileged to reject a prospective juror without assigning any cause for the rejection. The number of peremptory challenges is fixed by law according to the nature of the case.

perjury _ The criminal offense of making a false statement under oath.

personal recognizance _ A type of bail consisting of a written promise to appear in court when required. A bond secured only by the personal obligation of the person giving the bond.

petit jury _ A jury of 12 persons for the trial of a civil or criminal case. See grand jury.

plaintiff _ The party bringing action or suing.

plea _ Pleas possible in criminal cases 1) not guilty; 2) not guilty by reason of insanity; 3) no contest; 4) guilty; 5) guilty but mentally ill.

pleadings _ Formal written allegations by the parties containing their respective claims and defenses.

polling the jury _ The procedure of asking the jurors individually whether they concur in the verdict announced by the foreman.

power of attorney _ An instrument authorizing another to act as one’s agent or attorney.

preliminary hearing _ The hearing available to a person charged with a crime to determine whether there is enough evidence (probable cause) to hold him for trial. 

presentment _ A written statement from the grand jury to the court based on its own investigation that an offense has been committed. It amounts to an instruction to the prosecutor to draw a bill of indictment for presentment to the grand jury.

presumption of innocence _ Every criminal defendant enters trial presumed in fact to be innocent. This presumption remains with him until the state overcomes the presumption by competent and sufficient evidence of guilt.

prima facie case (PRY-muh FAY-sheh) _ The amount of evidence in a civil case sufficient to avoid dismissal of the plaintiff’s suit. A prima facie case will support a jury decision for the plaintiff but does not compel it because credibility of the witnesses is a matter for the jury’s determination.

probable cause _ The existence of circumstances and facts sufficiently strong to excite a reasonable belief that the person charged with a crime is guilty. Probable cause does not indicate proof of guilt beyond a reasonable doubt but only that sufficient grounds exist to compel the accused to stand trial. If the grand jury or preliminary hearing official does not find probable cause, the accused must be released immediately.

probate _ The act or process of proving the validity of a will and the judicial supervision of administration pursuant to the will. See caveat.

probation _ A method of suspending a sentence. Rather than imposing an active sentence the court may hold the sentence in abeyance subject to the good conduct of the defendant. A person on probation is either supervised by a state probation officer or is unsupervised as the judgment may specify.

prosecutor _ A trial lawyer representing the state in a criminal case. In South Dakota the local prosecutors are elected in each county every four years and are called state’s attorneys.

public defender _ A trial lawyer employed by the county to represent indigent defendants in criminal cases.

punitive damages _ Damages awarded to the plaintiff over and above what will compensate him for ordinary loss in an effort to punish the defendant or set an example for wrongdoers.

quid pro quo _ “What for what” — a fair trade or return.

reasonable doubt _ See beyond a reasonable doubt.

retainer _ The initial fee paid to an attorney for services.

rebuttal _ The introduction of evidence that may show statements of witnesses are not true.

recognizance _ The practice that enables an accused awaiting trial to be released without posting any security other than his promise to appear before the court at a proper time. Failure to appear in court at the proper time is a misdemeanor.

redirect examination _ Re-examination of a witness by the calling party after cross-examination by the opposing party.

remand _ The procedure by which a case on appeal is, on decision of the appellate court, sent back to the trial court with instructions as to the proper disposition that the trial court should make.

remittitur _ Procedure by which money damages awarded by a judge are diminished.

removal _ Transfer of a case to another court. See change of venue.

reply _ A written pleading containing the plaintiff’s allegations in response to a new matter alleged in the defendant’s answer.

respondeat superior _ “Let the master answer.” An employer may be liable for the wrongful acts of his employee provided the employer owes a duty of care and the failure of the employee to use such care occurred in the course of his employment.

rest _ A party “rests” or “rests his case” when he indicates that he has produced all the evidence he intends to offer at that stage of the trial, subject to the right to offer rebuttal evidence later.

reverse _ An appellate court’s revoking of a decision made in a lower court.

robbery _ Felonious taking of another’s property from his person or immediate presence and against his will by means of force or fear.

rule nisi, or rule to show cause _ A court order commanding a party to show cause why he should not be compelled to do the act required or why the object of the order should not be enforced.

search and seizure _ The searching of a property in hopes of finding evidence of guilt.

search warrant _ A document from a judge ordering the search of a property for evidence. 

self defense _ Protection of yourself or your property against the act of another person.

separation (sequestration) of witnesses _ A discretionary action by the court excluding future witnesses from the courtroom while earlier witnesses are testifying. This prevents a witness from being influenced by testimony of a prior witness.

sequestration of a jury _ Members of the jury are kept separate from their families and the public during a trial. The court provides room and board and transports jury members to and from the courtroom for trial sessions.

show cause _ This is a notice to show why a certain action should not be taken on an existing record or judgment. If a defendant released on bail fails to appear in court at the proper time, a judgment nisi is rendered provisionally forfeiting the bond, and a show cause order is issued to the defendant and his sureties to show cause why the judgment should not be made final.

slander _ Spoken words that damage the reputation of another person.

special venire (veh-NY-reh) _ A panel of prospective jurors who are summoned when the lawyers in a case cannot agree on 12 jurors from the regular panel or when the regular panel is insufficient for the court’s business. The judge fixes the number of jurors to be summoned for a special venire.

specific performance _ Court-compelled performance of a contract according to the precise terms agreed upon. Specific performance is usually granted only when damages would be an inadequate remedy.

statute _ A law enacted by the legislative branch of government as distinguished from case law made by the courts.

stay _ An individual order stopping or arresting a judicial proceeding or execution of a judgment. See arrest of judgment.

stipulation _ An agreement by opposing attorneys on any matter pertaining to the proceedings or trial. It is not binding unless assented to by the parties. Most stipulations must be in writing.

strict liability _ A concept applied by courts in product liability cases in which a seller is liable for any and all defective or hazardous products that unduly threaten a consumer’s personal safety.

subpoena (suh-PEE-nuh) _ An order to a witness to appear and testify at a specified time and place.

subpoena duces tecum (DOO-kehs TAY-kuhm) _ A court order commanding a witness to bring certain documents or records to court.

substantive law _ Law that creates, defines and regulates rights as opposed to “procedural” law that prescribes the method of enforcing the rights or of obtaining redress for their invasion.

summary judgment _ Final decision or judgment by the court prior to the trial of a civil case. This occurs when the judge determines that the prevailing party is entitled to judgment as a matter of law either on the pleadings alone or after reviewing the pleadings and other evidence. Summary judgment is proper only if the court determines that there is no dispute to the material facts of the case.

summons _ An order signed by the clerk of court in the name of the state informing a person named as a defendant in a civil action that such an action has been commenced in a specified court in a specified county against him and directing the defendant to answer the complaint within 30 days.

supersedeas (soo-per-SEE-dee-uhs) _ An order issued by an appellate court to preserve the status quo pending review of a judgment or pending other exercise of its jurisdiction.

temporary restraining order _ An emergency remedy of brief duration that may be issued by the court only in exceptional circumstances and only until the trial court can hear arguments or evidence and determine what relief is appropriate.

testator _ One who disposes of his property by will. A person who dies without leaving a will is said to die intestate.

testimony _ Evidence given by a witness under oath.

third-party plaintiff _ A defendant who causes a summons and complaint to be served upon a person not a party to the action who is, or may be, liable for all or part of the original plaintiff’s claim against him. Also when a counterclaim is asserted against the plaintiff by the defendant, the plaintiff may likewise cause a third party to be brought into the action.

tort _ A private wrong. An infringement of the rights of an individual not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident.

transcript _ The official verbatim record of the testimony in a trial or hearing.

trial de novo _ A new trial. A retrial in a higher court rather than review of a lower court action on appeal.

true bill _ The endorsement made by a grand jury on a bill of indictment when it finds sufficient evidence for trial on the charge alleged in the indictment.

U.C.C. _ Uniform Commercial Code. A set of statutes that regulates sales and other commercial transactions.

U.J.S. _ Unified Judicial System. South Dakota’s state court system: Supreme Court, Circuit Court, Magistrate Court.

undue influence _ Whatever destroys free will and causes a person to do an act he would not do if left to himself. It is most frequently alleged in will contests.

unjust enrichment _ The principle that one person should not be permitted to enrich himself unjustly at the expense of another but should be required to make restitution for the property or benefit received.

venire (veh-NY-reh) _ Technically an order summoning prospective jurors; popularly used to designate the panel of persons so summoned.

venue (ven-YOO) _ The proper geographical area — county, city or district — in which a court with jurisdiction over the subject may hear a case.

verdict _ The official decision of a petit (12-person) jury as reported to and accepted by the court. In South Dakota all criminal verdicts must be unanimous. However in civil cases the parties may agree to a jury of fewer than 12 members and also to a verdict stated by the majority of the jurors. If the parties in a civil case do not make such an agreement a unanimous verdict is required.

voir dire (vwor deer) _ To speak the truth. Examination of prospective jurors to determine whether they are qualified to sit on the jury in the case being tried. It is also used when the judge excuses the jury and examines a witness outside the jury’s hearing. Such an examination is frequently undertaken to determine whether a confession made by a defendant was voluntary.

waiver _ The intentional and voluntary relinquishment of a legal right.

wanton _ An act is wanton when it is without any adequate legal provocation and manifests a reckless indifference to the rights and interests of others.

warrant of arrest _ An order issued by a judicial official requiring a sheriff or other officer to arrest a person named in the warrant and to bring that person before the court to answer a specific charge set out in the warrant. Warrants should be issued only upon showing the existence of probable cause. See probable cause.

willfully _ Intentionally, as opposed to accidentally, carelessly or inadvertently.

witness _ A person who testifies about what he or she has observed.

work-release _ A sentence under which a defendant is imprisoned but is released during the day to work at a job approved by the Department of Corrections.

writ _ A court order requiring the performance of a specified act or giving authority to have the act done.