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SD After Small Claims Court

Generally, the judge's decision is announced at the end of a small claims trial. However, sometimes the judge wants to take additional time to review the evidence or research case law before entering a final judgment. When this occurs, the parties receive a copy of the final judgment in the mail.

Motion for a New Trial

If the parties feel the judge has made an error, they have 10 days from the date the judgment is signed by the judge to file for a rehearing with the clerk of the court. The motion must specifically state the reason a new trial is requested.

The court rules on the motion by deciding whether or not there're grounds for a new hearing. The court examines the motion and either grants a new hearing with notice or denies the motion.

Appeal

In South Dakota, appeals of small claims court judgments aren't allowed.

South Dakota Rules of Civil Appellate Procedure

The South Dakota Rules of Civil Appellate Procedure govern the court's review of orders and judgments. You can find the South Dakota Rules of Civil Appellate Procedure on The South Dakota Legislature Web site.

Correcting an Error

Either party may file a motion requesting the small claims court to correct a clerical mistake in a judgment, order or other parts of the record. The motion may be made at any time.

Motion for Relief

Either party may file a motion requesting relief from a final judgment, order or proceeding for these reasons:

  • Mistake, inadvertence, surprise or excusable neglect
  • Newly discovered evidence
  • Fraud, misrepresentation or other misconduct
  • The judgment is void
  • The judgment has been satisfied, released or discharged
  • A prior judgment on which the judgment is based has been reversed or otherwise vacated
  • It is no longer equitable for the judgment to be applied

Questions for Your Attorney

  • What are the reasons for filing a motion for a new trial?
  • Could you review my small claims case and tell me whether I should file any motions for relief from judgment?
  • What is newly discovered evidence? Can I base a motion for relief on newly discovered evidence only if it wasn't available to me at the time of trial?
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