CHAPTER 16-6
CIRCUIT COURTS
16-6-1 Number of judges in judicial circuits.
16-6-2 16-6-2. Repealed by SL 1972, ch 120, § 2.
16-6-2.1 16-6-2.1. Repealed by SL 1974, ch 154, § 5.
16-6-3 Time of election of judges--Terms of office.
16-6-3.1 16-6-3.1. Superseded.
16-6-4 16-6-4. Repealed by SL 1973, ch 130, § 13.
16-6-5.1 Additional compensation of presiding circuit judge--Not subject to certain retirement provisions.
16-6-6 Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses.
16-6-7 Courtroom facilities for circuit judges provided by counties.
16-6-8 Chancery and common-law jurisdiction of circuit court.
16-6-9 Original civil jurisdiction of circuit court.
16-6-9.1 16-6-9.1. Repealed by SL 2015, ch 117, § 1.
16-6-9.2 Facsimile transmissions--Applicable statutory requirements.
16-6-10 Appellate jurisdiction of circuit court.
16-6-11 16-6-11. Repealed by SL 1972, ch 8, § 36.
16-6-12 Original criminal jurisdiction of circuit court.
16-6-13 16-6-13. Repealed by SL 1973, ch 130, § 13.
16-6-14 Circuit court jurisdiction as to persons detained.
16-6-15 Circuit court writs in exercise of powers.
16-6-16 Court always open for business--Place of hearings and determinations.
16-6-17 Issues of fact tried in proper county--Order at chambers any place within state.
16-6-18 16-6-18. Repealed by SL 1973, ch 130, § 13.
16-6-19 16-6-19. Transferred to § 16-2-21.
16-6-20 16-6-20. Transferred to § 16-2-20.
16-6-21 16-6-21 to 16-6-28. Repealed by SL 1973, ch 130, § 13.
16-6-29 Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office.
16-6-30 16-6-30. Repealed by SL 1973, ch 130, § 13.
16-6-31 Mandatory retirement of judges at age seventy--Conclusion of pending matters.
16-6-32 Service by retired justices and judges--Effect of acts.
16-6-1. Number of judges in judicial circuits.
The number of circuit judges of each of the judicial circuits established by § 16-5-1.2 is as follows:
(1) First Circuit: Six circuit judges;
(2) Second Circuit: Fourteen circuit judges;
(3) Third Circuit: Six circuit judges;
(4) Fourth Circuit: Four circuit judges;
(5) Fifth Circuit: Four circuit judges;
(6) Sixth Circuit: Four circuit judges;
(7) Seventh Circuit: Eight circuit judges.
Source: SDC 1939 & Supp 1960, § 32.0402; SL 1966, ch 114, § 2; SDCL § 16-6-2; SL 1972, ch 119; SDCL Supp, § 16-6-2.1; Supreme Court Rule, No. 6, 1972; Supreme Court Order, Sept. 12, 1973, Par. II; Supreme Court Order, June 20, 1975; Supreme Court Rule 76-7; Supreme Court Rule 83-6; Supreme Court Rule 88-1; SL 1989, ch 454; Supreme Court Rule 97-24; SL 2000, ch 265 (Supreme Court Order, Aug. 10, 1999); ch 266 (Supreme Court Order, March 16, 2000); SL 2003, ch 271 (Supreme Court Order, April 24, 2002); SL 2007, ch 300 (Supreme Court Rule 06-68), eff. Oct. 3, 2006; SL 2010, ch 250 (Supreme Court Rule 09-06), eff. May 27, 2009; SL 2015, ch 116, § 1; SL 2020, ch 244 (Supreme Court Rule 19-14), eff. May 1, 2019; SL 2024, ch 243 (Supreme Court Rule 24-04), eff. Apr. 25, 2024; SL 2024, ch 242 (Supreme Court Rule 24-04), eff. Apr. 25, 2024.
16-6-3. Time of election of judges--Terms of office.
At the general election in the year 1974 and every eight years thereafter, the judges of the circuit courts shall be elected for a term of eight years.
Source: SL 1901, ch 118, § 1; RPolC 1903, § 651; RC 1919, § 5166; SDC 1939 & Supp 1960, § 32.0402; SL 1966, ch 114, § 2; SL 1973, ch 130, § 1; Supreme Court Rule 74-1.
16-6-5.1. Additional compensation of presiding circuit judge--Not subject to certain retirement provisions.
The presiding judge of each circuit shall receive additional compensation for administrative duties in the sum of two thousand dollars for each presiding circuit court judge. The additional compensation provided for by this section shall not be credited to the highest average annual compensation for retirement benefits under § 3-12C-1107 or 3-12C-1607, or treated as compensation subject to contribution for retirement purposes under § 3-12C-401.
Source: SL 1974, ch 31, § 2; SDCL Supp, § 16-6-5; SL 1977, ch 6, § 11; SL 1989, ch 178, § 3; SL 2019, ch 22, §§ 1, 45.
16-6-6. Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses.
Each circuit judge shall be reimbursed all necessary expenses incurred in the performance of the duties of office including traveling expense, food, and lodging while traveling outside the county designated by the presiding judge as the circuit judge's duty station, together with telephone, postage, and stationery. However, if the circuit judge does not claim travel expenses within one year of incurring such expenses, the right to claim such expenses is waived. Payment shall be made upon an itemized verified voucher filed with the state auditor.
Source: SL 1907, ch 49; SL 1915, ch 154; RC 1919, § 5169; SL 1919, ch 159, § 1; SL 1925, ch 129; SDC 1939, § 32.0404; SL 1947, ch 151, § 1; SDC Supp 1960, § 32.0404-1 (2); SL 1987, ch 156; SL 1994, ch 406.
16-6-7. Courtroom facilities for circuit judges provided by counties.
The board of county commissioners in every county in this state may provide the circuit judge of the judicial circuit of which such county forms a part with suitable and sufficient courtroom facilities and equip the same to conduct the business of the court at a place other than the county seat of such county.
Source: SL 1923, ch 143; SDC 1939, § 32.0405; SL 1957, ch 169; SL 1963, ch 218; SL 1975, ch 162, § 16; SL 2022, ch 53, § 1.
16-6-8. Chancery and common-law jurisdiction of circuit court.
The circuit court possesses chancery as well as common-law jurisdiction.
Source: CCivP 1877, § 27; CL 1887, § 4824; RCCivP 1903, § 29; RC 1919, § 2113; SDC 1939 & Supp 1960, § 32.0903.
16-6-9. Original civil jurisdiction of circuit court.
The circuit court has original jurisdiction as follows:
(1) In all actions or proceedings in chancery;
(2) In all actions at law and in equity;
(3) In all cases where the title or boundary to real property comes in question;
(4) In all actions for divorce or annulment of marriage;
(5) In all matters of probate, guardianship, conservatorship, and settlement of estates of deceased persons;
(6) Proceedings relating to minors under chapters 26-7A, 26-8A, 26-8B, and 26-8C;
(7) In all other cases now or hereafter provided by law granting jurisdiction to the circuit court, and as heretofore granted to district county, municipal, justice of the peace, and police magistrate courts.
Source: CCivP 1877, § 28; CL 1887, § 4825; RCCivP 1903, § 30; RC 1919, § 2114; SDC 1939 & Supp 1960, § 32.0904; SL 1973, ch 130, § 2; SL 1993, ch 213, § 94.
16-6-9.2. Facsimile transmissions--Applicable statutory requirements.
The circuit court may use facsimile transmission to accelerate the issuance, execution, and delivery of all papers, orders and warrants, including, but not limited to, the following:
(1) Criminal matters: arrest and search warrants;
(2) Juvenile matters: orders or warrants for taking a juvenile into custody and for the release or detention of the juvenile;
(3) Family matters: ex parte temporary orders for protection; and
(4) Civil cases: temporary restraining orders.
Unless modified herein, existing statutory requirements shall apply. Signatures, certifications, authentications, and other forms of verification on facsimiles shall have the same force and effect as their original counterparts.
Source: SL 1991, ch 450 (Supreme Court Rule 91-16).
16-6-10. Appellate jurisdiction of circuit court.
The circuit court has jurisdiction of appeals from all final judgments, decrees, or orders of all courts of limited jurisdiction, inferior officers, or tribunals, in the cases prescribed by statute.
Source: CCivP 1877, § 29; CL 1887, § 4826; RCCivP 1903, § 31; RC 1919, § 2115; SDC 1939 & Supp 1960, § 32.0905; SL 1973, ch 130, § 3.
16-6-12. Original criminal jurisdiction of circuit court.
The circuit court has exclusive original jurisdiction to try and determine all cases of felony, and original jurisdiction concurrent with courts of limited jurisdiction as provided by law to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of political subdivisions.
Source: CCrimP 1877, § 17; CL 1887, § 7041; RCCrimP 1903, § 13; RC 1919, § 4653; SDC 1939 & Supp 1960, § 32.0906; SL 1968, ch 143, § 10; SL 1973, ch 130, § 4.
16-6-14. Circuit court jurisdiction as to persons detained.
The circuit court has jurisdiction to inquire into the cause of detention of all persons confined in the jail of the county or otherwise detained, and to make an order for their recommitment or discharge, or otherwise according to law, and to exercise such other powers as are conferred by the Constitution and statutes of this state.
Source: CCrimP 1877, § 17; CL 1887, § 7041; RCCrimP 1903, § 13; RC 1919, § 4653; SDC 1939 & Supp 1960, § 32.0906; SL 1968, ch 143, § 10.
16-6-15. Circuit court writs in exercise of powers.
The circuit court has the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and all other writs necessary to carry into effect its judgments, decrees, and orders, and to give to it a general control over inferior courts, officers, boards, tribunals, corporations, and persons.
Source: CCivP 1877, § 29; CL 1887, § 4826; RCCivP 1903, § 31; RC 1919, § 2115; SDC 1939 & Supp 1960, § 32.0903.
16-6-16. Court always open for business--Place of hearings and determinations.
The circuit court is always open for the purposes of hearing and determining all actions, special proceedings, motions, and applications of whatever kind or character, and whether of a civil or criminal nature, arising under the laws of the state and of which it has jurisdiction, original or appellate, except issues of fact in civil and criminal actions, and all such actions, special proceedings, motions, and applications may be heard and determined at any place within the judicial circuit in which is situated the county wherein the same is brought or is pending, except as provided in § 16-6-17.
Source: SL 1887, ch 81, § 1; CL 1887, § 4828; RCCivP 1903, § 33; RC 1919, § 2117; SDC 1939 & Supp 1960, § 33.0801.
16-6-17. Issues of fact tried in proper county--Order at chambers any place within state.
Issues of fact in any civil or criminal action in the circuit court shall be tried in the county in which the action is brought, or to which the place of trial is changed by order of the court upon the consent of the parties to such action or their attorneys, or upon the grounds now or hereafter provided by law. Nothing in this section or § 16-6-16 prevents the judge of any circuit court from making any order at chambers at any place within the state in any matter properly before the judge.
Source: SL 1887, ch 81, § 1; CL 1887, § 4828; RCCivP 1903, § 33; RC 1919, § 2117; SDC 1939 & Supp 1960, § 33.0801; SL 2007, ch 133, § 1.
16-6-29. Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office.
A judge of the circuit court is a judge of the circuit court in the State of South Dakota and in any circuit in which he acts as a judge. The orders, judgments, and decrees of a circuit judge acting in a county other than one in his own circuit shall be as effectual for all purposes as though made by a judge regularly elected and qualified therein; and such judge so acting, so long as he is a circuit judge, may thereafter enforce, amend, or vacate any order, decree, or judgment made by him, but in case of his separation from office or upon his request, the judge regularly elected for such circuit shall have such power and authority.
Source: SDC 1939 & Supp 1960, § 33.1206; SL 1973, ch 130, § 7.
16-6-31. Mandatory retirement of judges at age seventy--Conclusion of pending matters.
A judge of a circuit court is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy of such judge. Such judge shall conclude all matters pending before him unless the Supreme Court makes other provisions for the disposition of such matters.
Source: SL 1973, ch 133, § 1; SDCL Supp, § 16-8-5.1.
16-6-32. Service by retired justices and judges--Effect of acts.
Retired justices and judges, with their consent, may be authorized by the Chief Justice to preside in any action or proceeding, or over any term of court, in the circuit court and when so authorized and acting, the orders, judgments, and decrees of that court entered by him are as effectual for all purposes as though made by a regularly elected or appointed judge. The Supreme Court shall provide for the reimbursement of their expenses.
Source: SL 1971, ch 153, §§ 1, 2; SDCL Supp, §§ 16-8-13, 16-8-14; SL 1974, ch 154, § 4.
