A Small Claim
SDCL § 15-39-45.1 — up to twelve thousand dollars, no jury and no appeal unless the defendant removes it
No small claim may exceed twelve thousand dollars, not counting allowable costs or attorney fees.
No appeal. A plaintiff who files a small claim waives a jury and an appeal, and no party may appeal a small claims decision.
A defendant may, five days before the date to appear, petition to move the case to the regular docket, with an affidavit of good reasons and a meritorious defense, an entry fee of thirty-five dollars, and a deposit of two hundred fifty dollars.
A particular claim is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 15-39-45.1 — Jurisdictional amount of claim
- SDCL § 15-39-56 — Jury trial and appeal waived by plaintiff; Right to jury trial if action removed by defendant
- SDCL § 15-39-57 — Claim of trial by court or jury by defendant; Affidavit; Special rule in designated judicial circuit governing removal to the regular civil docket of the court; Entry fee and undertaking
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.