South Dakota Small Claims Court Hearing: What to Expect and How to Prepare

The hearing is the entire case. South Dakota small claims judgments are final — no appeal, no do-over. Everything rides on what you present in that one session in front of the magistrate.

How the Hearing Runs

Small claims hearings are informal by statute (SDCL 15-39-71). There's no jury. A Magistrate Judge or Clerk Magistrate presides and controls the pace.

The sequence:

1. Check-in — arrive early, find the courtroom, and confirm your case is on the docket.
2. Oath — the magistrate places all parties and witnesses under oath.
3. Plaintiff's presentation — you go first. State the facts, introduce your documents, and testify about what happened.
4. Defendant's turn — the other side responds, disputes your evidence, and presents their own.
5. Magistrate questions — the judge may ask both sides clarifying questions directly. This is normal and expected.
6. Decision — the magistrate may rule from the bench immediately or take the matter under advisement and mail a written decision later.

The entire process typically takes 15 to 45 minutes.

What to Bring

Prepare two copies of every document — one for the judge, one for the other party:

• Contracts, written agreements, or invoices showing the obligation
• Receipts and bank statements proving payments made or not made
• Photographs of property damage or defective work (printed on paper)
• Text messages and emails (printed, with dates visible — magistrates won't scroll through your phone)
• A timeline of events with dates and amounts
• Your demand letter and the certified mail receipt proving you sent it

If you have a witness who saw the damage, heard the conversation, or can confirm your account, bring them. Written statements from absent witnesses are hearsay, which South Dakota UJS guidance says is not an acceptable form of proof.

Evidence Rules

Formal rules of evidence are relaxed, but not eliminated. The magistrate applies "methods best suited to discover facts and determine justice." In practice, that means:

• Hearsay is not acceptable proof. A written statement from someone who isn't in the room is hearsay. If the witness matters, bring them.
• No formal discovery. You cannot send interrogatories or take depositions before the hearing unless the judge grants special permission.
• Subpoenas are available. If a witness won't come voluntarily, ask the Clerk of Courts to issue a subpoena under SDCL 15-39-70. You must pay the witness $20 per day plus mileage at the time of service.

Things That Hurt Your Case

Rambling testimony. State the facts in order: what was agreed, what happened, how much is owed, and how you calculated the number. The magistrate has other cases on the docket.

No paper trail. If you claim you paid someone $3,000 but have no receipt, bank record, or cancelled check, the magistrate has only your word against theirs.

Emotional arguments. The magistrate decides based on evidence and testimony, not frustration or anger. Keep it factual.

Showing up with only your phone. Print everything. Most magistrates will not inspect cell phone screens during the hearing.

After the Decision

An oral ruling from the bench isn't the final judgment — the magistrate must sign a written order, and the clerk enters it on the docket. The winner is automatically awarded filing fees, certified mail costs, and process server fees on top of the claim amount. Post-judgment interest accrues at 10% per year from the entry date.

If the defendant doesn't show up, the court may enter a default judgment — but only after you submit UJS-306 (military status verification) and present enough evidence to establish a basic right to recovery. Default isn't automatic.

For a hearing preparation checklist and evidence organizer, see the South Dakota Small Claims Filing Guide.

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