South Dakota Civil Court Records

South Dakota has two levels of courts: the Supreme Court and the Circuit Court, which works with the help of the Magistrate Court.

The South Dakota Circuit Courts function as the state's trial courts and hear civil cases. With the help of the Magistrate Court, this court also handles small civil instances in which the claim does not exceed $12,000.

In contrast, the Supreme Court has exclusive authority over particular cases and may examine appeals from the Circuit Court. It also advises the governor on executive power and regulates the state's court system.

Can you have access to South Dakota Civil Court Records? The Unified Judicial System Court Records Rule and the South Dakota Sunshine Law are the two laws that govern how the public can get access to civil court records in this state.

Under these laws, you can look at or make copies of these records. However, it is crucial to note that some civil court records in South Dakota are not available to the general public, including:

• Court records of abuse and neglect
• Adoption papers and records
• Abortion documents

South Dakota Bankruptcy Records provide information about a particular individual, company, or organization that declared bankruptcy and the trial's progression.

The U.S. Bankruptcy Court District of South Dakota handles applications for bankruptcy in this state. These Bankruptcy Courts are in Pierre and Sioux Falls.

Individuals, businesses, and governments have multiple bankruptcy options under the U.S. Bankruptcy Code, each with different eligibility qualifications and procedures. But in South Dakota, people mainly file for bankruptcy under the following chapters:

Chapter 7 Bankruptcy

This type of bankruptcy is a simple way to get out of debt by selling off the debtor's non-exempt property.

For a Chapter 7 bankruptcy, a debtor must pass a means test and accomplish a credit counseling course within 180 days of filing the bankruptcy petition.

In this state, bankruptcy filings can take four to five months to discharge, and records are public until the court expunges them.

Chapter 11 Bankruptcy

Another bankruptcy filing option is Chapter 11. Unlike Chapter 7, you can file this bankruptcy petition if you want to keep your non-exempt assets.

Chapter 11 bankruptcy in South Dakota is a reorganization process approved by the federal government. Under this bankruptcy chapter, a debtor must devise a plan to repay debts.

In this state, records of Chapter 11 bankruptcy are accessible permanently unless the court removes them from public view.

Chapter 13 Bankruptcy

In South Dakota, the process for filing for Chapter 13 bankruptcy is similar in some ways to both Chapter 11 and Chapter 7 bankruptcies.

Chapter 13 bankruptcy is a reconstruction option for wage earners with sufficient discretionary income. This bankruptcy form is usually more complex than Chapter 7 but less complicated than Chapter 11.

Unless exempted by court order or judgment, this type of bankruptcy record is open to the public.

In addition to Chapters 7, 11, and 13 bankruptcies, South Dakota Bankruptcy Records also contain details for Chapters 9, 12, and 15.

How To Find South Dakota Bankruptcy Records?

You can check bankruptcy records in South Dakota online or in person.

To obtain these data in person, visit the Bankruptcy Courts in this state, which maintain a computer-accessible index. You can also contact the Court Clerk who handled your case and fill out an order form with the document title, case number, and docket number.

Additionally, these records are accessible online. If interested, you can obtain these documents through the courts for a fee. However, closed bankruptcy records are not available through this media.

In this state, the Federal Records Center (FRC) in Denver receives the documents after 15 years. When this happens, you can only obtain these records through the National Archives and Records Administration (NARA).

On South Dakota Bankruptcy Record, you will typically find the following information:

• The debtor's details
• The debtor's total assets
• Case status
• The list of creditors
• Type of Bankruptcy
• Date of filling
• The trustee's information
• Judge and court name

A property lien, a legal instrument used to assure loan and debt payback, is a component of the South Dakota Civil Court Record.

The debtor's property becomes collateral when you put this lien on it. If the debtor fails to pay within the agreed-upon time frame, the creditor may reclaim the asset.

The most common kinds of South Dakota Civil Court Records are the following:

Judgment Lien

In South Dakota, this type of property lien only applies to real estate, not personal property.

Once a judgment lien is attached to a property, it gives the creditor a chance to get paid for selling the debtor's property.

In this state, a judgment lien's record stays on the debtor's property for ten years.

Mortgage Lien

In South Dakota, the mortgagor consents to this property lien. It differs from other property liens because the law does not have to enforce them.

A debtor files a mortgage lien to get a loan to buy a house by using the residence as collateral. If the borrower doesn't repay the loan, the creditor can take possession of the property.

UCC Lien

A UCC ( Uniform Commercial Code) lien protects both creditor and the debtor by issuing income reports under uniformed systems in South Dakota.

This code is a set of statutes governing the selling and acquiring products in commercial transactions.

In this state, the UCC code also covers the following business deals:

• Investment securities
• Leases
• Instruments negotiated
• Bank deposits and withdrawals
• Credit letters
• Fund transfer
• Bulk transfer

In South Dakota Property Lien Records, you will also find tax liens and mechanic's liens in addition to the ones listed above.

How To Check South Dakota Property Lien Records?

In South Dakota, looking at property lien records costs little.

Organizations that keep these records may give you this information, which you can find by looking up the appropriate agency's physical location or on its website.

Typically, these records are in the county offices. So, go to these offices to check for South Dakota Property Lien Records.

When you get these records, expect the following:

• Name and address of the debtor
• Types of liens
• Lienholder's name and address
• The date of recording or filing
• Document number
• The lien's status
• Document images

Following South Dakota's traffic regulations, a civil driving violation is any illegal act committed by a road user in this state. The South Dakota Highway Patrol (SDHP) keeps an eye on traffic patterns, and the state's Attorney General's Office brings legal action against negligent drivers.

There is a range of South Dakota Civil Driving Violation Records, and examples of such violations include the following:

• Making an illegal turn
• Speeding
• Going through a red light
• Illegal parking

The main difference between these violations and others is that they do not lead to jail time. Instead, individuals guilty of these violations are subject to a fine. There may also be additional penalties, including probation, traffic school, and community service.

How To Look Up South Dakota Civil Driving Violation Records?

In South Dakota, the details of an offender's civil driving violation may be part of theirtraffic record, which is accessible to the public unless sealed or restricted by judicial order.

The South Dakota Department of Public Safety (SDDPS) and the South Dakota Unified Justice System create and maintain these records. Consequently, these documents are available for inspection and duplication in the state upon request to the competent agency.

There are two primary methods for obtaining South Dakota Civil Driving Violation Records: in-person and online.

You can visit your local county courthouse to look it up in person. Once you get there, you should give the clerk your driver's license number and date of birth. The clerk will then be able to provide you with a copy of your driving record and any records of traffic violations.

You can also visit the web page of the SDDPS to look up these records. On this website, you will also need to give the same information mentioned above.

Alternatively, you can also look up civil driving violation records on the website of SDHP or the South Dakota Department of Motor Vehicles (SDDMV) website.

The South Dakota Legal Judgment Records are papers that show what a court or judge ruled in a case with more than one party.

A judge or court renders a judgment involving two or more parties. After thoroughly reviewing each party's evidence, facts, duties, and responsibilities, the final ruling is legally binding for all parties.

The state legislature's South Dakota Codified Laws govern the overall form of legal judgment, sureties, and other issues. It also gives general rules for enforcing and canceling a legal decision.

How To Look Up South Dakota Legal Judgment Records?

To search for and access South Dakota Legal Judgment Records, you can utilize this state's nationwide records search tool. Mainly, use the Unified Justice System (UJS) Civil Judgment Record Search to look up these court records.

You can also use the South Dakota UJS website to look for cases with civil money judgments from April 19, 2004, up to the present. But keep in mind that there is a fee for this search.

When you have this record, some of the information you can check are the following:

• The parties' details
• The issued judgment
• The name of the judge
• Date of final decision

In the Small Claims Records of South Dakota Civil Court Records, you can find all the written documents and information that came up during the case.

The Magistrate Court has a branch called the Small Claims Court in South Dakota. This court hears cases where the amount of damage or injury is less than $12,000. It also has the authority to listen to civil claims involving bodily injury or property damage resulting from the actions of an individual or business.

Most of the cases that Small Claims Courts in the state deal with are the following:

• Security deposit
• Evictions
• Loan repayments
• Arrest without reason
• Personal injury

To petition a small claims case, you must visit the Magistrate Court in the individual's county of residence. If the claim is against a business, it should be in its county of operation.

You should also go to the Clerk's Office and ask for a Statement of Claim form. You must complete the form and sign a statement describing the loss or damage and cost estimate.

After filing, South Dakota Small Claims Records will include your personal information, attorneys, trial date, judgment, claim amount, witness statements, and other incident details.

How To Look Up South Dakota Small Claims Records?

In South Dakota, you can find small claims records at the courthouse that handled your case. So, send your request or visit your appropriate Clerk of Courts to look up these court records.

You can also contact the clerk to learn about the procedures necessary to receive any paper from this record. Most of the time, you will need to pay a fee to search or copy the case and give some information about it.

Optionally, you can conduct a UJS Public Access Record Search. For this search, you have to pay $20 per request.

South Dakota Divorce Court Records contain court documents from marriage terminations in Circuit Courts.

To obtain a divorce in South Dakota, like in all other states, you must be a resident at the time of filing. But you don't have to live in the state during the divorce proceedings to get one.

Check out this website to learn more about South Dakota divorce. It explains the reasons for divorce and the residency requirements. On the other hand, if you wish to get a divorce in this state, you can use these court forms to do it on your own.

Following the conclusion of each divorce trial, the state prepares the following three types of divorce court records:

Divorce Certificates

This form of divorce court documentation confirms a divorce in court. Divorce certificates are the most requested divorce records despite their little information. It lists the names of the people involved in the divorce and the date it happened.

After the divorce proceedings, the South Dakota courts deliver divorce certificates to the parties and file them with the Register of Deeds and State Department of Public Health.

These offices offer the certificate in both signed and unsigned versions. But only the two people involved, their children and their lawyers of record, can get certified copies.

Divorce Decrees

In South Dakota, this divorce court record is a legal document that states the court's final decision in a divorce case. It spells out the rights and responsibilities of both parties as well as the agreements, which include:

• Debt division
• Terms of alimony
• Child custody
• Arrangement for assets
• Schedules for visits
• Spousal support
• Child support

Divorce decrees in South Dakota are only available to those whose names are on the records, their lawyers, and anyone else with a certified court order.

Divorce Records

South Dakota divorce records provide all divorce case information. This set of papers includes everything on the divorce certificate and decree, as well as:

• Transcripts
• Motions
• Dockets
• Summons
• Assessments
• Orders
• Reports

Like other civil court records, divorce records are public in this state.

How To Look Up South Dakota Divorce Court Records?

The various Circuit Courts in South Dakota clerks compile and maintain divorce court documents.

You can get copies of these records by going to the court that heard the case and providing the necessary information. These include the filing date, the case number, the case status, and the names of both parties on the record.

On the South Dakota Judicial System website, you can use the Court Finder Search tool to find the location of a specific courthouse.

However, Clerks' Offices charge minimal fees for searching and copying these data upon request. Also, you must give them copies of your government-issued photo IDs.

Probate is the legal process for administering a deceased person's estate. In South Dakota, giving the assets to the heirs is often necessary.

South Dakota Probate Court Records provide any file the court made during the probate proceedings. It typically includes information about the decedent, beneficiaries, and legal activities related to the estate.

Some of the probate-related documents you can anticipate in South Dakota Probate Court Records are the following:

• Petitions
• Affidavits
• Orders for sales
• Bonds
• Wills

The Circuit Courts in South Dakota are in charge of probate proceedings. To start this process, you need to go to the clerk of the court where the person who died lives.

To simplify the procedure and liquidate the decedent's assets, South Dakota follows Articles I, II, III, IV, and VIII of the Uniform Probate Code. On this website, you can find this law about probate.

Where can you find South Dakota Probate Court Records? You can get these records from the Circuit Court Clerk in the correct county. Alternatively, you can also get copies of these records by contacting the Archives Division of the South Dakota Historical Society.

Generally, South Dakota Civil Court Records are accessible through various methods. These include in-person inquiries, email, and remote searches.

You can go to the court that handled your case to get these records or email the Court Administrator or Court Clerk. Upon your request, you must submit your identity and the objective for the request.

You can visit the South Dakota UJS website for a remote search. You must download, fill out, and upload a request form to get access to records on the site. Also, you must write down the name of the person who made the record and the filing date.

Note that some remote searches for South Dakota civil cases come with a small fee.