When the South Dakota Supreme Court declares a judicial emergency, the written order can suspend filing deadlines, toll the 180-day speedy trial clock, move hearings to alternate facilities or video, and reshape court operations across one circuit or the entire state for as long as the Court keeps the order in place. The practical takeaway for anyone with a pending case: your deadlines may pause, but only within the window and scope the order defines, and they start running again the moment it lifts.
What Happens to Your Deadlines
The core effect of an emergency declaration is that time stops counting. The Supreme Court’s order can suspend, toll, or extend any deadline or filing requirement set by statute, court rule, or prior court order, and it applies across civil, criminal, and administrative matters.1South Dakota Legislature. South Dakota Codified Law 16-3-14 – Suspension, Extension, or Other Relief From Deadlines, Time Schedules, or Filing Requirements Every day covered by the order is treated as a legal holiday for computing time under the rules of civil procedure. A deadline that would have fallen inside the emergency window automatically moves forward.
That protection is temporary. Once the order expires or is rescinded, deadlines resume on the terms the new schedule provides, and the ordinary consequences return with them: dismissal of a civil claim, default judgment, denied motions, or other sanctions for missing dates. Track the start and end dates of the order carefully. If you are self-represented, do not assume a deadline is still paused without checking the current order on the Unified Judicial System website.
What It Means for a Criminal Case
South Dakota requires that a criminal defendant be brought to trial within 180 days.2South Dakota Legislature. South Dakota Codified Law 23A-44 – Speedy Trial If the state misses that window and cannot rebut a presumption of prejudice, the charges can be dismissed with prejudice and cannot be refiled.
The speedy trial statute builds in an exception for judicial emergencies. The entire period covered by a Supreme Court emergency declaration is excluded from the 180-day count, retroactive to the date the emergency was declared.2South Dakota Legislature. South Dakota Codified Law 23A-44 – Speedy Trial Defendants in custody stay in custody during the emergency, though bond hearings and other urgent matters are generally handled remotely.
If Your Hearing Was Rescheduled
When an emergency forces trial dates or hearings to be reset, the new date carries the same weight as the original. Missing a rescheduled appearance forfeits any bond posted for your release and triggers a separate criminal charge. If the underlying case was a felony, failure to appear is itself a Class 6 felony punishable by up to two years in prison and a $4,000 fine. If the underlying case was a misdemeanor, failure to appear is a Class 1 misdemeanor carrying up to one year in jail and a $2,000 fine.3South Dakota Legislature. South Dakota Codified Law 23A-43-31 – Failure to Appear After Release as Forfeiture of Security – Felony or Misdemeanor
Getting Court Business Done During an Emergency
If a crisis makes a courthouse impractical or impossible to reach, the emergency order can designate an alternate facility that is reasonably accessible and appropriate for court business.4South Dakota Legislature. South Dakota Codified Law 16-3-13 – Designation of Another Facility for Court Business Much of the work shifts online. Attorneys and registered users file through the Odyssey electronic filing system maintained by the Unified Judicial System.5South Dakota Legislature. South Dakota Codified Law 16-21A – Electronic Filing People who cannot file electronically typically use secure courthouse drop boxes or mail.
Urgent matters move ahead on priority. Bond hearings for incarcerated defendants and petitions for protection orders are commonly handled through video conferencing. Routine civil motions and records requests continue through remote processing, usually at slower turnaround. Current instructions for specific services are posted at ujs.sd.gov during any active emergency.
Who Declares It and What the Order Must Say
The authority to declare a judicial emergency belongs to the Supreme Court as a body, not to any individual judge or circuit court. The South Dakota Constitution vests the state’s judicial power in a unified system and gives the Supreme Court “general superintending powers over all courts,” including rule-making authority over court administration statewide.6Justia. South Dakota Constitution Article 5 – Rule-Making Power That constitutional authority is the foundation for the emergency provisions in SDCL Chapter 16-3.
Every declaration takes the form of a written Supreme Court order. SDCL 16-3-12 requires the order to identify which courts or geographic areas are affected, describe the nature of the emergency, state how long the emergency period will last, and include any other information relevant to suspending or restoring court operations.7South Dakota Legislature. South Dakota Codified Law 16-3-12 – Supreme Court Declaration of Judicial Emergency by Order – Contents Notice must go out to the justices, the clerk of the Supreme Court, affected judges and clerks, litigants, attorneys, and the general public, through a range of channels including email, newspapers, courthouse postings, and broadcast media.8South Dakota Legislature. South Dakota Codified Law 16-3-15 – Notice of Order Declaring Judicial Emergency The same requirements apply to any modification or extension.
What Triggers a Declaration
A judicial emergency may be declared when a crisis substantially endangers the normal functioning of the court system, blocks people from accessing the courts, or prevents litigants and attorneys from meeting deadlines imposed by court orders, statutes, or rules.9South Dakota Legislature. South Dakota Code 16-3-11 – Grounds for Declaration of Judicial Emergency The statute is not limited to any specific type of event. Severe blizzards, widespread flooding, public health crises, and civil disturbances can all qualify. A localized event affecting a single circuit can prompt a geographically limited declaration, while a statewide crisis can cover every courthouse in the state.
How Long an Emergency Can Last
The order’s duration is whatever the Supreme Court sets, and extensions are permitted. The COVID-19 emergency is the clearest illustration. The Court declared a statewide judicial emergency on March 13, 2020, in response to the pandemic, and authorized presiding judges in each of the state’s seven judicial circuits to adopt, amend, or suspend local court rules as needed. Follow-on orders suspended the 180-day speedy trial rule, authorized audio-visual hearings, and permitted remote notarizations, depositions, and signatures. The declaration was not rescinded until June 30, 2022, more than two years after it was issued.10South Dakota Unified Judicial System. Supreme Court Rescinds Declaration of Judicial Emergency Due to COVID-19 Pandemic Effective June 30, 2022 If you have a case open during an active emergency, check the Supreme Court’s current orders before relying on any date in your file.