Jury Duty in South Dakota: Pay, Exemptions, Excuses and What to Expect (2026)

South Dakota draws its jurors at random from a statewide list that merges the voter rolls with the list of people 18 and older who hold a driver license or state ID card. If you're a citizen, live in the county, are 18 or older, are of sound mind and can read, write and understand English, you're eligible. Each year the state court administrator's office picks a master list for every county, and the clerk of courts mails the summons.

The headline numbers: jurors who sit on a case get $50 a day, and people who come to the courthouse but aren't picked get $10, plus mileage both ways. Your employer doesn't have to pay you, but it can't fire or suspend you for serving, and you keep your job status, pay and seniority. A juror who ignores a summons is in contempt of court and can be fined $50 to $500.

The rules are in chapter 16-13 of the South Dakota Codified Laws (SDCL), with grand jury rules in chapter 23A-5. Everything below is current as of November 2026.

South Dakota jury duty at a glance

Who can serve

Section 16-13-10 sets the test:

Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror.

Notice the age rule: you must turn 18 before January 1 of the year you serve, so a summons for a given year goes only to people who were already adults when it began. The same section says no one may be excluded "because of a visual or hearing impairment," and the next section bars excluding anyone on account of race, color, religion, sex, national origin or economic status (SDCL 16-13-10.2).

Who can't serve. Two groups are out:

• People with felony convictions whose civil rights haven't been restored (16-13-10).
• Prison staff. All officers and employees of a state correctional facility are exempt from serving on juries in any state court (SDCL 24-1-12). The court system's juror handbook lists penitentiary employees among those not eligible.

You can't volunteer. It's a Class 2 misdemeanor to ask a sheriff or deputy to summon yourself or someone else as a juror (SDCL 16-13-44).

Where names come from. The state court administrator's office builds the jury selection list each year from the Secretary of State's voter registration list, supplemented by people 18 and older with a driver license or nondriver ID card, and removes duplicates (16-13-4.1). It then draws each county's master list at random (16-13-9.2). The clerk of courts checks each name against the qualifications and strikes anyone who doesn't meet them (16-13-15).

Answer the summons. Unless your county handles it electronically, the clerk mails your notice at least 60 days before you're to serve. You must sign the acceptance of service and return it with the questionnaire, or respond on the court's juror website, within ten days (16-13-34). If you don't return it within fifteen days, the sheriff serves you instead, and the sheriff's fee comes out of your juror pay (16-13-35). You can answer on paper or online at ujsjurors.sd.gov, but not both.

Exemptions and excuses

South Dakota has a short list of exemptions written into the statutes. Everything else is up to the presiding judge.

Religious belief. Section 16-13-10 exempts clergy when jury service conflicts with religious belief, and adds:

Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization.

New parents and breastfeeding mothers. Section 16-13-10.4 gives a written-request exemption. It covers the parent of a child expected to be born during, or just before, the scheduled service, and a mother breastfeeding a baby under one year old. The request goes to the clerk of court within ten days of receiving the summons. The statute is specific about who is then exempt:

A parent who gives written notice shall be exempt from jury duty if the baby is less than six weeks old. A mother shall be exempt from jury duty if she is breastfeeding a baby younger than one year.

Age 80 and older. There's no upper age limit, but anyone 80 or older may ask to be excused. The judge must give the request weight, though it isn't automatic:

Any person eighty years of age or older may request to be excused from jury duty. The judge shall give substantial weight to the person's request to be relieved from jury duty, balancing the request with the need to impanel a jury.

(SDCL 16-13-10.3) The juror handbook says to check the age box on the Confidential Juror Qualification Form and return it with the questionnaire; the clerk mails you the judge's decision.

Every other excuse. Illness, caregiving, travel for work, school out of town: none of these is an automatic exemption. Minnehaha County's juror page says such factors are things the judge will consider in deciding whether service would be a real hardship for you. To ask, send a written request to the clerk of courts in the county that summoned you. The Unified Judicial System's FAQ puts it plainly: you "must receive permission from the presiding judge of the court to be excused" (UJS For Jurors). Students going to school in another town should call their local clerk.

Disability. A visual or hearing impairment is never grounds to exclude you. If you need an accommodation, note it on the qualification form or contact the clerk of courts ahead of time; Minnehaha County asks for 48 hours' notice.

Postponing jury duty

No South Dakota statute sets up a formal deferral. In practice, the clerk works around your schedule. The state's juror FAQ says to enter dates you can't serve, such as medical appointments or planned travel, on the online questionnaire, or to call your clerk of courts; you may be asked for written proof (UJS For Jurors).

Pennington County says it's possible to change your term in some circumstances if you call the jury coordinator right away, but no changes are made once you've received your final reporting letter. It also warns that you won't be released from jury duty for work reasons, so tell your employer about your term as soon as you get it (Pennington County juror page).

Juror pay

Section 16-13-46 sets juror pay statewide:

Each juror for each day's attendance upon the circuit court or the magistrate court shall receive fifty dollars, and mileage at such rate as may be established pursuant to § 3-9-1 for each mile actually and necessarily traveled, to be paid by the county. However, any juror called but not impaneled shall receive an appearance fee of ten dollars and, in addition, mileage at such rate as may be established pursuant to § 3-9-1 for each mile actually and necessarily traveled.

What that means:

• $50 a day on a jury. The court system describes the $50 as the rate for each day you're selected to hear a case.
• $10 if you aren't picked. A juror who reports but isn't impaneled gets a $10 appearance fee for the day.
• Mileage both ways. Mileage is paid on top, at the state employee rate under SDCL 3-9-1, which is reset each October 1. The court system's October 2026 handbook gives it as $0.76 per mile, round trip from home to the courthouse. Some county pages still show an older rate.
• Paid by the county. The county pays on the clerk's certificate of attendance. In cases under city ordinances, the city pays instead (16-13-47).
• Weekly if you want. Any juror who is owed pay or mileage may be paid at the end of every week (16-13-47.1).
• No long-trial rate. The statute sets one daily rate no matter how long the trial runs.

Your job is protected

Section 16-13-41.1 makes it a crime to punish an employee for jury service:

No person shall discharge any employee or suspend any employee from his employment for serving as a juror in any court in the State of South Dakota. Any person violating this section is guilty of a Class 2 misdemeanor.

And Section 16-13-41.2 protects your place at work:

Any employee serving as provided in § 16-13-41.1 shall retain and be entitled to the same job status, pay, and seniority as he had prior to performing jury duty. Such temporary leave of absence while performing jury duty may be with or without pay within the discretion of the employer.

Three things follow:

1. No firing, no suspension. Your employer can't discharge or suspend you for serving.
2. You come back to the same job. You keep your job status, rate of pay and seniority.
3. Your employer needn't pay you. Whether your time off is paid is up to your employer. Ask about your company's policy before your term starts.

A Class 2 misdemeanor carries up to 30 days in a county jail, a $500 fine, or both (SDCL 22-6-2). The statute doesn't set out a separate lawsuit for lost wages. If your employer threatens you, contact the clerk of courts in the county that summoned you, or a lawyer.

Proof of service. The clerk's office can give you a certificate of attendance to show your employer.

What happens if you don't show up

Section 16-13-41 requires every juror summoned to appear on the day and at the hour in the summons and not to leave without the court's permission. Section 16-13-45 sets the penalty:

If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined by the court in any sum not less than fifty nor more than five hundred dollars.

So the fine runs from $50 to $500, and it covers more than a no-show: willfully failing to return the questionnaire counts too. If a second order of attachment issues and you still don't appear, the court may add up to ten days in the county jail (SDCL 16-13-45). If illness or an emergency keeps you away, call the clerk or jury office before your reporting time.

Your first day

Details vary by county, so follow your summons and your county's page on ujsjurors.sd.gov, which lists reporting and parking instructions. The two largest counties give a good picture:

• Check in the night before. Pennington County jurors call the recorded line every Friday after 6:00 p.m. for the next week's schedule, and again the night before a reporting day to make sure the trial is still on. Minnehaha County posts weekly reporting instructions online and on a call-in line; if your panel isn't listed, you don't report.
• Expect a term, not a single day. Pennington County's service usually lasts one month, but you appear only periodically. When you do, court normally runs 9 a.m. to noon and 1 to 5 p.m.
• Arrive on time. In Minnehaha County, panels called check in at the second-floor jury assembly room of the courthouse in Sioux Falls.
• Parking. Both counties issue a juror parking pass to display on your dashboard. Minnehaha County warns that it can't dismiss city parking tickets.
• Security. Expect screening at the door. Pennington County asks jurors to leave pocketknives, multi-tools, pepper spray and other weapons in the car.
• Food. Minnehaha County's jury room has a refrigerator and microwave, and jurors may bring drinks and snacks.
• If you're sick. Call the jury office as early as you can; Pennington County asks for a call near 8 a.m.
• Talk to no one about the case. The juror handbook asks you not to let anyone discuss upcoming cases with you, to avoid news coverage of your case, and to report anyone who tries to talk to you about it.

The court system also publishes a juror handbook that walks through a trial, and a short guide to the jury duty experience on coping with stress after a hard case.

Grand jury service

South Dakota uses grand juries sparingly. The circuit court orders one only when the judge is satisfied that it's needed to investigate crimes or misconduct in office, and a grand jury has six to ten members (SDCL 23A-5-1). Grand jurors come from the county's master jury list and are summoned the same way as trial jurors (16-13-20). The juror handbook says grand juries can look into crimes in the county, inspect jails and investigate public officials. The pay statute applies to "each juror," and the penalty for not appearing applies to grand jurors too.

Jury duty scams

Scammers call or text pretending to be court officials or deputies, say you missed jury duty, and demand money. The Unified Judicial System's scam page says South Dakota courts and law enforcement will never threaten you or demand money by phone or text for missing jury duty, require payment by cryptocurrency or apps such as PayPal or Venmo, or ask for sensitive information by phone, text or email.

If you get such a message, don't pay, don't click links, and hang up. Call your clerk of courts directly, and report the scam to local police or the Attorney General's Consumer Protection Division (UJS Court Scams; see also the federal courts' juror scam warning).

Recent and pending changes

No change to South Dakota's jury statutes was enacted in 2024, 2025 or 2026. Two bills were filed and died in committee:

(HB 1082 (2025); HB 1081 (2026))

So the age-80 excuse and the $50 and $10 fees stand as of November 2026. The 2027 session opens in January.

Frequently asked questions

How much does jury duty pay in South Dakota?

Jurors get $50 for each day they sit on a case and $10 for a day they report but aren't picked, set by state law and paid by the county. Mileage is added for the round trip at the state rate, $0.76 a mile as of November 2026. Your employer doesn't have to pay your wages.

Can my employer fire me for jury duty in South Dakota?

No. An employer can't fire or suspend you for serving, and you keep the same job status, pay and seniority. Breaking the law is a Class 2 misdemeanor, punishable by up to 30 days in jail, a $500 fine, or both. Your employer can decide whether your time off is paid.

How do I get out of jury duty in South Dakota?

A few people are exempt: clergy and church members whose beliefs forbid service, prison staff, new parents of a baby under six weeks, and breastfeeding mothers of a baby under one, who must ask in writing within ten days. Anyone 80 or older may ask to be excused. Everyone else needs the presiding judge's permission, so send a written request to the clerk of courts explaining your hardship.

What happens if I miss jury duty in South Dakota?

Missing jury duty, or willfully failing to return the questionnaire, is contempt of court. The judge can fine you $50 to $500, and if you ignore a second order of attachment you can also spend up to ten days in the county jail. If an emergency comes up, call the clerk before your reporting time.

How often can you be called for jury duty in South Dakota?

If you were summoned and appeared for a trial within the past two years, the clerk strikes your name from the master list. A new master list is made every year, so after two years you can be called again.

Is there an age limit for jury duty in South Dakota?

You must be 18 by January 1 of the year you serve. There's no upper limit, but anyone 80 or older may ask to be excused, and the judge must give the request substantial weight. Bills to lower that age to 75 or to stop summoning people at 70 failed in 2025.

Where these rules live

• SDCL 16-13-10 — Who is eligible; religious exemptions; felony bar
• SDCL 16-13-10.3 — Excuse on request at 80
• SDCL 16-13-10.4 — New parents and breastfeeding mothers
• SDCL 16-13-15 — Two-year rule for prior jurors
• SDCL 16-13-41.1 — No firing or suspension
• SDCL 16-13-41.2 — Job status, pay and seniority
• SDCL 16-13-45 — Penalty for failing to appear
• SDCL 16-13-46 — Juror pay and mileage
• SDCL 24-1-12 — Correctional staff exempt
• For Jurors (South Dakota Unified Judicial System)
• SDCL 15-6-47 — Jurors, in South Dakota's civil rules on this site
• Law schools in South Dakota