16-21A-1      Definitions.
16-21A-2      Electronic filing.
16-21A-3      Filing formats.
16-21A-4      Time of filing.
16-21A-5      Confidentiality--Sealed documents.
16-21A-6      Retention.
16-21A-7      Electronic service.
16-21A-8      Original documents.
16-21A-9      Technical issues--Relief.
16-21A-10      Scope.
     APPENDIX A.

16-21A-1. Definitions.

(1) "Registered user" means an attorney or party registered with the South Dakota Odyssey7 electronic filing system.

(2) "Electronic filing system" means the Odyssey7 file and serve system maintained by the South Dakota Unified Judicial System.

(3) "Confidential" means any records not accessible to the public as provided by § 15-15A-7. A document marked as "confidential" means that the document will not be accessible to the public but will be accessible to court personnel and attorneys or parties in the case as permitted by applicable law or court order.

(4) "Sealed" means any record where access is restricted by order of the court. A document marked "sealed" will not be accessible to the public but will be accessible to court personnel and attorneys or parties in the case as permitted by applicable law or court order.

(5) "Electronic Signature" means an electronic symbol or process attached to or logically associated with a document executed or adopted by a user with the intent to sign a document.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-2. Electronic filing.

(1) Documents filed electronically in the circuit courts or magistrate courts, excluding small claims, shall be submitted through the Odyssey7 electronic filing system in all counties where available. Any user shall be required to register with the court and designate an email address prior to using the electronic filing system. The presiding judge of a judicial circuit may direct that small claims cases be filed through the electronic filing system except as specifically exempted by these rules or court order.

(2) Effective July 1, 2014, except as specifically exempted by these rules or court order, all filings, notices, petitions, pleadings, motions, briefs or documents, with the exception of small claims, shall be filed electronically for all civil case types. For criminal case types all documents, except the initiating pleading or documents specifically exempted by these rules or court order, shall be filed electronically. Self-represented litigants may file electronically, but shall not be required to file electronically. On a showing of good cause, an attorney required to file electronically may be granted leave of court to file paper documents with the clerk of court. The service of any summons or subpoena shall follow the requirements of § 15-6-4 or 15-6-45(c) as applicable.

(3) Registered users will receive electronic notice when documents are entered into the system. Registration for electronic filing constitutes written consent to electronic service of all documents filed in accordance with these rules and the Rules of Civil Procedure. Electronic service through the electronic filing system shall be deemed service by electronic mail transmission for purposes of calculating any prescribed period.

(4) Documents that will not be accepted for electronic filing, unless otherwise directed to be filed electronically by the court, include:

(a)    New criminal case initiating documents;

(b)    Motions requesting that a document be sealed and original sealed documents;

(c)    Trial or hearing exhibits;

(d)    Wills to be retained for safekeeping pursuant to § 29A-2-515;

(e)    Oversized documents that cannot be scanned effectively;

(f)    Documents not of sufficient graphical quality to be legible when scanned;

(g)    Discovery documents as provided by § 15-6-5(g); and

(h)    Any other documents directed by the court not to be filed electronically.

(5) A document filed or served electronically has the same legal effect as a paper document.

(6) Any signature on a document filed electronically is considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall strike the filing.

(7) Documents requiring signatures of more than one party may be electronically filed either by (a) submitting a scanned document containing all necessary signatures; (b) identifying on the document the parties whose signatures are required and by the submission of a notice of endorsement by the other parties no later than seven days after filing; or (c) in any other manner approved by the court. When filing documents that require signatures from other parties, it is not permissible to insert a "/s/" for another person's signature.

(8) All paragraphs, excluding attachments, shall be numbered in all documents, except briefs, filed electronically. Reference to material in such documents shall be to paragraph number, not page number.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014; SL 2018, ch 292 (Supreme Court Rule 18-01), eff. July 1, 2018; SL 2019, ch 219 (Supreme Court Rule 18-13), eff. July 1, 2018.

16-21A-3. Filing formats.

Approved formats for documents filed electronically are WordPerfect (.wpd), Word (.doc or .docx), Tagged Image File (.tif) and text searchable Portable Document File (.pdf).

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-4. Time of filing.

(1) A document in compliance with the rules and submitted electronically to the court clerk of court by 11:59 p.m. central standard time or daylight savings time as applicable shall be considered filed on that date.

(2) After reviewing an electronically filed document, the clerk of court must inform the filer, through an e-mail generated by the Odyssey7 system, whether the document has been accepted or rejected. A document may be rejected (a) if it is filed in the wrong county; (b) applicable filing fees are not paid or waived; (c) the document is incomplete or contains missing information; (d) or fails to comply with applicable statutory requirements or these rules.

(3) Any applicable fees associated with the filing must be paid at the time the document is filed. A request for the waiver of fees must accompany the filing of the document. If the request to waive such fees is denied the party must submit any applicable fee within seven days.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-5. Confidentiality--Sealed documents.

(1) A party electronically filing a document that is not accessible to the public in whole or in part is responsible for redaction or designating the document as confidential or sealed before transmitting it to the court. For any redacted document a sealed version of the original unredacted document should also be filed electronically.

(2) In documents prepared for filing with the court, information that would otherwise be included in the document but required by § 15-15A-9 not to be disclosed in court documents must be separately filed on a Confidential Information Form and may be included in those documents only by reference.

(3) It is the responsibility of the parties to seek advance approval from the court for submitting a document as sealed or confidential if that document is not already declared confidential or sealed by existing law, court rules or order. The title of a sealed or confidential document will appear on any electronic register of actions for the case.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-6. Retention.

A registered attorney electronically filing or serving a document, or any person filing a petition for mental illness commitment, is deemed to represent that the document so filed or served is a true and correct copy of the original. The original, if in hardcopy form, shall be maintained by the filing attorney or person filing a mental illness commitment for 120 days after the date of electronic filing or service, whichever is later. Self-represented litigants electronically filing or serving a document shall maintain the original document in hardcopy form for two years after the date of electronic filing and service, whichever is later. Both attorneys and self-represented litigants shall make the original document available upon request of the court, the signatories, or other parties during the required retention period. In the event of a failure to comply with this provision the court may make such orders in regard to the failure as are appropriate under the circumstances including, but not limited to, the following: order that the electronic document be considered the original document for all purposes; prohibit the party from introducing designated matters in evidence as a result of the failure to comply; strike any relevant pleadings or parts thereof; stay further proceedings until the order is obeyed; dismiss the action or proceeding or any part thereof; order the party to pay reasonable expenses, including attorney's fees, caused by the failure as the court may determine appropriate. In lieu of any of the foregoing, or in addition thereto, the court may treat such failure as a contempt of court.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-7. Electronic service.

(1) A party who files a document electronically must serve the document by electronic means if the recipient consents to accept documents served electronically. All documents filed electronically must be served electronically through the Odyssey7 system except for documents served on or by self-represented litigants. On a showing of good cause, an attorney may be granted leave of court to serve paper documents or to be exempt from receiving electronic service.

(2) Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.

(3) After July 1, 2014, any party not exempt from electronic filing must designate an e-mail address for accepting electronic service and for receiving electronic service through the electronic filing system.

(4) The court may electronically file and serve on registered attorneys and parties any judgments, orders, notices or other documents prepared by the court in such cases provided the attorney or party to be served has designated an e-mail address for receiving electronic service.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-8. Original documents.

An original document submitted for filing in paper form may be scanned by the clerk of court and destroyed after thirty days. A party may request the return of any original document filed with the clerk of court by submitting a document request return form with the document when it is delivered for filing along with a self-addressed stamped envelope. See Appendix "Document Return Request Form."

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-9. Technical issues--Relief.

On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic service was not completed due to technical problems.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.

16-21A-10. Scope.

Unless specifically provided otherwise in this rule or inconsistent with its provisions, the Rules of Civil and Criminal Procedure shall govern electronic filings.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014.