How to Request a Continuance in South Dakota Small Claims Court

Your South Dakota small claims deadline is tight — the clerk sets a specific date, and five court days from service is the minimum. If you genuinely need more time to prepare your defense, gather evidence, or arrange witnesses, a continuance is the only legitimate way to get it.

What a Continuance Does

A continuance postpones your hearing or response date. The judge sets a new date, and you get additional time to prepare. It does not dismiss the case or change the underlying claims — it simply moves the timeline.

How to Request One

File a written motion with the clerk of courts before your current deadline expires. The motion should explain why you need more time (evidence you're waiting on, a witness who can't attend the scheduled date, a medical issue preventing you from appearing) and propose a reasonable new timeline.

Follow the court's current filing instructions for a written motion. Identify the case number, both parties, your reason for the request, and the additional time you need. Paper filings must be single-sided and completed in black ink.

What Doesn't Count

Phone calls to the clerk's office asking for more time don't extend anything. Neither do emails to the plaintiff, verbal agreements to postpone, or partially completed forms saved in Guide and File.

Settlement negotiations don't pause the clock either. If you're in discussions with the plaintiff but haven't filed your answer yet, file Form UJS-278 to protect yourself while negotiations continue. You can always settle later, but you can't undo a default judgment that entered because you were "working things out."

When the Court Grants It

A continuance is not automatic. The judge decides whether to grant the request, and only a signed order from the presiding judge extends your deadline.

If the motion is denied, your original deadline still applies. File your response on time regardless.

What Happens if You Don't Show Up

Failing to answer or appear without a granted continuance can result in default under SDCL 15-39-64. Before entering a default judgment, the court requires proof of completed service and the plaintiff's Form UJS-306 (Statement of Military Status). South Dakota does not allow appeals from small claims decisions, so post-default relief is a motion to vacate in the court that entered judgment.

The South Dakota Small Claims Response Guide includes deadline calculation tools and filing checklists to help you stay on track even when time is short.

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