CHAPTER 15-15
RECORD AND EXHIBITS
15-15-1 Objections, rulings, proceedings, and remarks to be noted by court reporter.
15-15-2 Clerk or judge to keep minutes in absence of reporter--Computer record.
15-15-3 Exhibits and record evidence marked for identification and filed--Reading of contents or description into trial record.
15-15-4 Sale or destruction of exhibits if not collected when judgment final--Retention of necessary copies--Fee.
15-15-4.1 Return of administrative record to agency of origin when judgment final.
15-15-5 Record on motion for new trial--Contents--Formal settlement not required.
15-15-6 15-15-6. Repealed by SL 1984, ch 12, § 33
15-15-7 Fee for transcript--Exception for indigents.
15-15-7.1 Court reporter transcript fees.
15-15-8 Letter size paper required in all courts.
15-15-9 Content of record.
15-15-10 Temporary sealing of transcript.
15-15-11 Request to prohibit public access to information in transcript--Filing under seal or with redaction of information.
15-15-12 Transcript of voir dire proceeding only available for inspection at courthouse.
15-15-1. Objections, rulings, proceedings, and remarks to be noted by court reporter.
When a court reporter is making a record of the proceedings of the court in any trial, motion, or proceeding of any kind before the court, he shall note all objections to the evidence and rulings thereon and all motions, stipulations, applications, and similar proceedings relevant to the matter involved and all rulings and remarks of the court thereon.
Source: SDC 1939 & Supp 1960, § 33.1601.
15-15-2. Clerk or judge to keep minutes in absence of reporter--Computer record.
If there is no court reporter making such record, the clerk of the court shall keep full and accurate minutes of all such matters as referred to in § 15-15-1 and rulings thereon. In the absence of both reporter and clerk, the judge shall preserve the minutes of the proceedings. If the record of the court action is kept by an automated process, the computer record shall constitute the minutes of the court.
Source: SDC 1939 & Supp 1960, § 33.1601; SL 1991, ch 167.
15-15-3. Exhibits and record evidence marked for identification and filed--Reading of contents or description into trial record.
All exhibits or other record evidence offered at the trial of a cause shall be marked for identification by the shorthand reporter or clerk and shall be filed as records in said cause. The trial judge may order a copy of any exhibit or of the material parts thereof filed in place of the original or may direct that the material parts thereof be read into the record upon the trial and when the exhibit is of such nature that it cannot be filed or the contents thereof read into the record, a description thereof shall be read into the record upon the trial.
Source: SDC 1939 & Supp 1960, § 33.1602.
15-15-4.Sale or destruction of exhibits if not collected when judgment final--Retention of necessary copies--Fee.
Whenever the decision or judgment of the court has become final, the clerk of courts shall give notice to the attorneys or parties of record by electronic or first-class mail that the exhibits in the possession of the clerk, if not collected within thirty days, shall upon order of the court be destroyed or sold at sale under chapter 15-19. However, upon proper application to the court, the exhibit may be preserved as a part of the permanent record in the files. If an exhibit is a necessary part of the judgment or consists of a written instrument establishing the liability of a party against whom judgment has been rendered, a copy of it shall be made and retained by the clerk and the original canceled by endorsement across its face before being returned to the person entitled thereto as determined by the court. Unless the person entitled thereto as determined by the court shall furnish a true copy of such exhibit, he shall pay the fee of the clerk for making such copy.
Source: SDC 1939 & Supp 1960, § 33.1602; SL 1977, ch 171; SL 1979, ch 148; Supreme Court Rule 82-21; SL 1990, ch 149, § 9; SL 2020, ch 250 (Supreme Court Rule 20-02), eff. Feb. 24, 2020.
15-15-4.1. Return of administrative record to agency of origin when judgment final.
Whenever the decision or judgment of the court has become final in an action governed by chapter 1-26, the clerk of courts shall return to the agency of origin the administrative record filed with the court pursuant to the provisions of § 1-26-33. Subsequent access to said record shall be governed by the provisions of § 1-26-7.
Source: Supreme Court Rule 82-22.
15-15-5. Record on motion for new trial--Contents--Formal settlement not required.
The record for presentation of any motion or application for a new trial shall consist of all the documents, evidence, motions, applications, objections, and rulings of the court as offered, filed, recorded, or entered in the minutes of the clerk or judge and the transcript of the reporter, if such transcript has been made, but it shall not be necessary to have such record formally settled for purposes of application for new trial.
Source: SDC 1939 & Supp 1960, § 33.1603.
15-15-7. Fee for transcript--Exception for indigents.
Unless ordered by the court to be supplied to an indigent or an indigent's counsel and paid out of the county treasury where court was held, a fee shall be charged to the person ordering a typewritten transcript by filing of an order for transcript on appeal of a proceeding taken by an officer of the court, which shall be certified to be a correct transcript of the reporter's notes of the evidence.
Source: SDC 1939, §§ 32.0503, 32.0504; SL 1957, ch 173; SDCL, §§ 16-7-12, 16-7-13; SL 1970, ch 136, §§ 1, 2; SL 1974, ch 152, § 1; SL 1976, ch 148; SL 1980, ch 164; SL 1984, ch 146; SL 1986, ch 27, § 5; SL 1988, ch 177; SL 2003, ch 116, § 1; SL 2022, ch 52, § 1, eff. Jan. 1, 2023.
15-15-7.1. Court reporter transcript fees.
The fee for the preparation of a transcript from a court reporter’s notes of evidence is three dollars and sixty cents per page for the original. The fee for a copy, furnished on request, is sixty-five cents per page, to be paid to the officer of the court who prepared the transcript.
Source: SL 2023, ch 217 (Supreme Court Rule 22-16), § 1, eff. Jan. 1, 2023.
15-15-8. Letter size paper required in all courts.
Eight and one-half inch by eleven inch paper size shall be the only accepted size in all of the courts of the State of South Dakota. This section shall be applicable to all documents except original documents filed as exhibits.
Source: Supreme Court Rule 82-3.
15-15-9. Content of record.
The record of any hearing, court trial or jury trial conducted by or on behalf of the Unified Judicial System shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions. This rule shall not apply to child support referee hearings.
The reporter shall transcribe and certify such parts of the record of the proceedings as may be required by any rule or order of the court. Upon the request of any party to any proceeding which has been so recorded, who has agreed to pay any applicable fee for such transcription, the reporter shall file an electronic transcript with the clerk of court upon completion and transmit a paper or electronic copy to the requesting party. The court may request that an additional paper copy of the transcript be filed with the clerk of court.
Source: SL 2010, ch 255 (Supreme Court Rule 10-02), eff. Feb. 26, 2010; SL 2011, ch 228 (Supreme Court Rule 10-04), eff. Aug. 30, 2010; SL 2015, ch 265 (Supreme Court Rule 15-03), eff. July 1, 2015.
15-15-10. Temporary sealing of transcript.
The clerk of court shall file the transcript in the court record. The transcript shall be sealed for a period of ninety days from the date filed unless otherwise ordered by the court. During this time period, any copy of such transcript shall be obtained from the court reporter or transcriber at the rate provided by existing law.
Following the expiration of such period of time, unless otherwise sealed or declared confidential by court order or existing law, the filed transcript will be available for public inspection and copying through the clerk of courts office or through any other means of electronic court record access. Reproduction of the transcript may be provided on the same terms and conditions as any other document in the court record.
Source: SL 2015, ch 266 (Supreme Court Rule 15-04), eff. July 1, 2015.
15-15-11. Request to prohibit public access to information in transcript--Filing under seal or with redaction of information.
A request to prohibit public access to certain information in a transcript shall be governed by § 15-15A-13. The court may order that any transcript be filed under seal or may require the redaction of information contained in the transcript for good cause shown. In the event of redaction, an unredacted version shall also be filed with the court under seal. During the ninety day period, or for such period of time as may be extended by the court pursuant to § 15-15-10, the parties to the case shall review the transcript to identify any items contained therein that should not be accessible to the public pursuant to court order or existing law. If such information exists, the parties shall move for the court to have that information protected in the public record. It shall not be the responsibility of the reporter when preparing a transcript to redact information unless a request has been made in advance to redact specific information by the parties or the court.
Source: SL 2015, ch 267 (Supreme Court Rule 15-05), eff. July 1, 2015.
15-15-12. Transcript of voir dire proceeding only available for inspection at courthouse.
In order to protect the confidentiality of private juror information the transcript of any voir dire proceeding shall not be made available to the public except through inspection at the courthouse unless otherwise ordered by the court.
Source: SL 2015, ch 268 (Supreme Court Rule 15-06), eff. July 1, 2015.
