South Dakota Small Claims Court Evidence: What Counts and What Gets Excluded

South Dakota small claims hearings are informal — but "informal" doesn't mean anything goes. The magistrate has wide discretion over what evidence to consider, and unprepared plaintiffs lose winnable cases by showing up with the wrong format or relying on witnesses who aren't in the room.

How Evidence Works in Small Claims

Under SDCL 15-39-71, the magistrate conducts the hearing using "methods best suited to discover facts and determine justice." Formal civil evidence rules are relaxed, meaning the judge has more flexibility about what to admit. But relaxed isn't the same as eliminated — the magistrate still weighs reliability, and unreliable evidence gets ignored.

Text Messages and Emails

Text messages and emails are some of the strongest evidence in small claims disputes because they show what both parties agreed to, when, and in their own words.

Print them. Most magistrates will not scroll through your phone during a hearing. Print the full conversation thread with visible dates and phone numbers. Screenshots work — print those too. Bring two copies: one for the judge, one for the opposing party.

If the conversation is long, highlight the key messages with a marker. The magistrate doesn't have time to read 50 pages of back-and-forth.

Photographs

Photos of property damage, defective work, vehicle damage, or the condition of a rental unit are valuable. Print them in color on standard paper. Include dates — if your camera or phone stamps photos with metadata, note the date on each printout.

Before-and-after comparisons are especially effective: a photo of the unit at move-in next to a photo at move-out, or a contractor's "completed" work next to the replacement contractor's assessment.

Contracts and Written Agreements

Bring the original if you have it, plus two copies. Written contracts, estimates, invoices, receipts, cancelled checks, and bank statements all establish the financial relationship.

If there was no written contract, present whatever exists: text messages confirming the deal, Venmo or Zelle payment records, emails discussing the scope and price. The lack of a written contract doesn't kill your case — it makes oral testimony more important.

Hearsay

A written statement from someone who doesn't appear at the hearing is hearsay. South Dakota UJS guidance says hearsay is not an acceptable form of proof, so bring a witness who can testify and be questioned.

If a witness matters to your case, bring them in person. A letter from your neighbor saying they saw the contractor leave isn't as compelling as your neighbor sitting in the courtroom saying the same thing under oath.

Subpoenaing Witnesses

If a witness won't attend voluntarily, you can ask the Clerk of Courts to issue a subpoena under SDCL 15-39-70. You must pay the witness $20 per day plus state mileage reimbursement at the time of subpoena service (SDCL 19-5-1). The subpoena must be served personally — you can't just mail it.

You can also subpoena documents. If a bank, employer, or business has records relevant to your case, a subpoena duces tecum compels them to produce those records.

What to Skip

Audio and video recordings can be admitted if transferred to a USB drive compatible with court equipment. Don't plan on playing them from your phone. If the recording is ambiguous or hard to hear, the magistrate may give it little weight.

Written opinions or expert reports from people who aren't present carry the same hearsay limitation as witness statements. If you paid for an inspection or appraisal, bring the person who wrote it.

For a printable evidence inventory checklist and hearing prep worksheet, see the South Dakota Small Claims Filing Guide.

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