South Dakota Small Claims Court Phone Hearing: How Remote Appearances Work

South Dakota is a geographically large state — 66 counties, and some defendants live hours from the county seat where their case was filed. If you cannot make it to the courthouse in person, a phone or video hearing may be an option. But it is not automatic, and it changes how you handle evidence.

Remote Hearings Are Allowed, Not Guaranteed

South Dakota small claims courts may permit remote appearances — by telephone or video conference — at the judge's discretion upon a formal written request. There is no automatic right to appear remotely. The judge decides whether to approve each request.

To request one, submit a formal written request through the clerk of courts before your hearing date. A phone call alone does not satisfy the written-request requirement. Explain why you cannot attend in person and request the specific accommodation — phone, video, or both.

The court may allow one party to appear remotely while the other appears in person. If both parties agree to a remote hearing, state that in the request; approval is still up to the judge.

Evidence Rules Change for Remote Hearings

This is the part that trips people up. In a regular small claims hearing, you bring your documents — contracts, receipts, photos, text messages — to the courtroom. You hand copies to the judge and the opposing party right there.

When you appear remotely, you cannot hand anything over in real time. South Dakota courts require that all exhibits be pre-filed with the clerk of courts and served on the opposing party before the hearing. If you wait until the day of the hearing to mention a document, the judge may refuse to consider it.

The practical steps:

1. Make copies of every exhibit — originals for you, one set for the clerk, one set for the other party.
2. File the clerk's set before the hearing date the court specifies.
3. Mail or deliver the opposing party's set with enough time for them to review it.
4. Keep your own set organized so you can reference specific documents when the judge asks about them by phone or video.

What Happens During the Call

The hearing follows the same order as an in-person proceeding: the plaintiff presents first, the defendant responds, and both sides may ask questions. The judge may ask clarifying questions and either rule from the bench or take the case under advisement.

The main difference is logistics. You need to be in a quiet location with reliable phone or internet service. If you lose connection, report the technical failure to the clerk's office immediately.

When In-Person Is Still Better

Remote hearings work well for straightforward disputes — an unpaid invoice with clear documentation, a security deposit disagreement with photos and receipts. They work less well when credibility matters heavily, when you need to present physical items (damaged goods, defective parts), or when you have live witnesses who also need to appear.

Witnesses must be physically present in court to testify under oath; do not assume they can join by phone.

If your case turns on the judge believing your version of events over the other party's, appearing in person often makes a stronger impression.

How to Request a Remote Hearing

Submit your written request through the clerk of courts as early as possible — ideally within a few days of receiving your hearing date. Include:

• Your case number and the parties' names
• The scheduled hearing date
• The reason you cannot attend in person
• Whether you are requesting phone, video, or either
• Whether the other party has agreed (if you have discussed it)

The judge decides whether to approve the request. If approved, follow the court's instructions for the call-in number or video link.

Our South Dakota Small Claims Response Guide covers hearing preparation in detail — including what evidence to organize and how to present your case clearly, whether you appear in person or remotely.

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