South Dakota Legal Guides
29 guides covering South Dakota topics, each with Caselaw search beside the article.
Where to search South Dakota lawFree caselaw search for South Dakota — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in South Dakota
South Dakota adverse possession: 20 years under S.D. Codified Laws § 15-3-1. Elements, taxes, color of title, and linked South Dakota opinions.
- Can I Get Sued After a Car Accident in South Dakota? Does Fault Matter?
South Dakota car accident lawsuits and fault: modified comparative fault with a 51% bar (recovery barred if you are more than 50% at fault) under S.D. Codified Laws § 20-9-2, when you can sue or be sued, insurance rules, and the statute of limitations (Three years for personal injury actions under S.D. Codified Laws § 15-2-14(3).).
- Castle Doctrine in South Dakota: Deadly Force Against Intruders
South Dakota castle doctrine: when occupants may use deadly force against home intruders, key statutes (S.D. Codified Laws § 22-18-4.2), presumptions, and leading cases.
- Child Custody and Parenting Time in South Dakota
How South Dakota courts decide custody and parenting time under S.D. Codified Laws §§ 25-4A-1 to 25-4A-27, including best-interests factors, relocation, and modification.
- DUI Penalties in South Dakota
South Dakota DUI penalties under S.D. Codified Laws § 32-23-1: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in South Dakota? Bail and Pretrial Release Explained
South Dakota bail and bond explained: Bail before trial with judicial setting. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked South Dakota opinions under S.D. Codified Laws §§ 23A-42-1 to 23A-42-19.
- How Does Eviction Work in South Dakota?
South Dakota eviction / Forcible entry and detainer under S.D. Codified Laws Chapter 21-16 (forcible entry and detainer): notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Make a Valid Will In South Dakota?
A valid will under South Dakota law must be: In writing; Signed by the testator or at the testator’s direction; Witnessed and attested by two witnesses in the conscious presence of the testator. The requirements to make a valid will …
- How to File a Lawsuit Without a Lawyer in South Dakota: Pro Se Litigation Guide
A practical South Dakota guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint / summons and complaint; how service and Odyssey File & Serve (South Dakota) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in South Dakota
South Dakota divorce filing guide: At least one party must have resided in South Dakota for an uninterrupted period immediately before filing (commonly treated as residency at filing with venue in the county of residence; confirm local practice for any durational requirement). equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in South Dakota
Paths to shorten or correct a South Dakota prison sentence under S.D. Codified Laws §§ 21-27-1 to 21-27-18: modification motions, good-time credits, parole, and post-conviction relief — with linked South Dakota opinions.
- How to Modify Alimony in South Dakota
Step-by-step guide to modifying alimony in South Dakota under SDCL § 25-4-45: changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- How to Modify Child Support in South Dakota
Step-by-step guide to modifying a South Dakota child support order under SDCL § 25-4-45; SDCL § 25-7-6.5 et seq.: what counts as a change in circumstances, when changes take effect, and the cases that matter.
- Is Abortion Legal in South Dakota?
South Dakota abortion law after Dobbs: near-total ban. Near-total ban with no elective gestational window; only a life-of-the-patient exception in practical effect.. Linked statutes and South Dakota opinions.
- Power of Attorney Not Authorized for Self Dealing
A power of attorney is a legal document is a legal document delegating authority from one person to another. The Supreme Court of South Dakota provided yet another example of how important the language contained within a power of attorney t…
- Security Deposit Return in South Dakota
How South Dakota landlords must handle residential security deposits under S.D. Codified Laws § 43-32-24: limits, return deadlines, and wrongful-withholding remedies.
- South Dakota Alimony (spousal support): Eligibility, Amount, and Duration
How South Dakota courts award alimony (spousal support) under S.D. Codified Laws § 25-4-41: eligibility, statutory factors, duration, and leading cases.
- South Dakota Child Support Guidelines: How Support Is Calculated
How South Dakota calculates child support under S.D. Codified Laws §§ 25-7-6.1 to 25-7-6.19, including the income shares, deviations, modification, and leading cases.
- South Dakota Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to South Dakota evidence law under the South Dakota Codified Laws ch. 19-19: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- South Dakota Supreme Court Affirms Undue Influence Will Contest
In the April 1, 2020 opinion Estate of Gaaskjolen , the South Dakota Supreme Court affirmed an undue influence finding of the probate court and provided a guide to proving undue influence in a South Dakota will contest case. The Facts Of Es…
- South Dakota Supreme Court: Can A Court Consider The Validity of A Trust In A Petition For Judicial Supervision?
A South Dakota circuit court can consider the validity of a trust in a petition for judicial supervision under SDCL chapter 21-22. The South Dakota Supreme Court, in the June 2020 opinion In re Russell I. Carver Trust , reversed the South D…
- South Dakota Supreme Court Determines Surviving Spouse’s Creditor Claim Timely Presented
In In Re Estate of Smeenk , a July 20, 2022 opinion, the South Dakota Supreme Court considered whether a surviving spouse timely and properly presented a creditor claim and whether she was entitled to specific performance for breach of dece…
- South Dakota Supreme Court: Partition Upheld Where Deed Severs Joint Tenancy Of Husband And Wife
In a July 2020 opinion from the South Dakota Supreme Court, Moeckly v. Hanson , the court upheld a partition judgment against a surviving spouse where a corrective deed executed by the couple failed to contain express language of joint tena…
- South Dakota Supreme Court – Trust Beneficiaries Lack Standing To Bring Creditor Claim Against Estate
In the July 28, 2021 opinion of In Re Estate of Calvin , the South Dakota Supreme Court determined that Trust beneficiaries lacked standing to bring a creditor claim against their father’s estate because the Trust was the real party in inte…
- Stand Your Ground Laws in South Dakota
South Dakota stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights South Dakota
The South Dakota Uniform Probate Code has built in rights for surviving spouses, including: Intestate Share Homestead Allowance Family Allowance Exempt Property Elective Share The rights of surviving spouses in South Dakota (also referred t…
- What Happens If I Refuse a Breathalyzer Test in South Dakota?
South Dakota implied-consent consequences for refusing a chemical breath or blood test under S.D. Codified Laws § 32-23-10, including license suspension and evidence use.
- Who Are Next Of Kin In South Dakota?
“Next of kin” in South Dakota means the closest relatives to the decedent under the laws of intestate succession and includes: Surviving spouse Descendants Parents Siblings Grandparents South Dakota’s laws of intestate succession apply when…
- Who Can Clear a Criminal Record in South Dakota
South Dakota expungement begins with S.D. Codified Laws § 23A-3-27, expunging an arrest record. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.